VTCODE

PART 1 Counties

CHAPTER 1. DIVISION OF STATE INTO COUNTIES

Sec.

History

Districts. 1973, No. 193 (Adj. Sess.), § 7, eff. April 9, 1974, provided: "The districts whose freemen shall elect the assistant judges, sheriffs and state's attorneys under [proposed] section 45 [now section 50] of chapter II of the constitution shall be the counties as defined in chapter 1 of Title 24 [this chapter]".

Cross References

Cross references. County or town defined, see 1 V.S.A. § 113.

§ 1. Counties in State.

The State is divided into the counties of Addison, Bennington, Caledonia, Chittenden, Essex, Franklin, Grand Isle, Lamoille, Orange, Orleans, Rutland, Washington, Windham, and Windsor.

History

Source. V.S. 1947, § 74. P.L. § 56. G.L. § 43. P.S. § 40. V.S. § 32. R.L. § 31. G.S. 10, § 1.

§ 2. Addison.

The County of Addison is formed of the towns of Addison, Bridport, Bristol, Cornwall, Ferrisburgh, Goshen, Granville, Hancock, Leicester, Lincoln, Middlebury, Monkton, New Haven, Orwell, Panton, Ripton, Salisbury, Shoreham, Starksboro, Waltham, Weybridge, Whiting, the City of Vergennes, and so much of Lake Champlain as lies in this State west of the towns in the county adjoining the lake. Middlebury is the shire town.

History

Source. V.S. 1947, § 75. P.L. § 57. G.L. § 44. 1917, No. 254 , § 48. P.S. § 41. V.S. § 33. R.L. § 32. G.S. 10, § 6.

§ 3. Bennington.

The County of Bennington is formed of the towns of Arlington, Bennington, Dorset, Landgrove, Manchester, Peru, Pownal, Readsboro, Rupert, Sandgate, Searsburg, Shaftsbury, Stamford, Sunderland, Winhall, Woodford, and the unorganized township of Glastenbury. Bennington and Manchester are the shire towns.

History

Source. V.S. 1947, § 76. P.L. § 58. 1917, No. 254 , § 49. P.S. § 42. V.S. § 34. R.L. § 33. G.S. 10, § 2.

Revision note. Reference to the town of Glastenbury was changed to "and the unorganized township of Glastenbury" pursuant to 1937, No. 269 .

§ 4. Caledonia.

The County of Caledonia is formed of the towns of Barnet, Burke, Danville, Groton, Hardwick, Kirby, Lyndon, Newark, Peacham, Ryegate, St. Johnsbury, Sheffield, Stannard, Sutton, Walden, Waterford, and Wheelock. St. Johnsbury is the shire town.

History

Source. V.S. 1947, § 77. P.L. § 59. G.L. § 46. 1917, No. 254 , § 50. P.S. § 43. V.S. § 35. R.L. § 34. 1869, No. 55 . G.S. 10, § 10.

§ 5. Chittenden.

The County of Chittenden is formed of the towns of Bolton, Charlotte, Colchester, Essex, Hinesburg, Huntington, Jericho, Milton, Richmond, St. George, Shelburne, the City of South Burlington, Underhill, Westford, Williston, the City of Burlington, the City of Winooski, Buel's Gore, and so much of Lake Champlain as lies in this State west of the towns in the county adjoining the lake and not included within the limits of the County of Grand Isle. The City of Burlington is the shire town.

Amended 1981, No. 239 (Adj. Sess.), § 26.

History

Source. V.S. 1947, § 78. P.L. § 60. 1933, No. 157 , § 16. G.L. § 47. 1917, No. 254 , § 51. P.S. § 44. V.S. § 36. R.L. § 35. G.S. 10, § 8.

Amendments--1981 (Adj. Sess.). Added the words "the city of" preceding "South Burlington"; deleted "Avery's Gore" and added "Buel's Gore".

§ 6. Essex.

The County of Essex is formed of the towns of Bloomfield, Brighton, Brunswick, Canaan, Concord, East Haven, Granby, Guildhall, Lemington, Lunenburg, Maidstone, Norton, Victory, Avery's Gore, Warner's Grant, Warren Gore, and the unorganized townships of Averill, Ferdinand, and Lewis. Guildhall is the shire town.

History

Source. V.S. 1947, § 79. P.L. § 61. 1933, No. 157 , § 17. G.L. § 48. 1917, No. 254 , § 52. P.S. § 45. V.S. § 37. R.L. § 36. G.S. 10, § 15.

Avery's Gore annexed. See note set out under § 7 of this title.

§ 7. Franklin.

The County of Franklin is formed of the towns of Bakersfield, Berkshire, Enosburgh, Fairfax, Fairfield, Fletcher, Franklin, Georgia, Highgate, Montgomery, Richford, St. Albans, Sheldon, Swanton, the City of St. Albans, and that part of Lake Champlain and the islands lying west of the towns in the County adjoining the Lake and not included within the limits of the County of Grand Isle, but including Wood's Island. The City of St. Albans is the shire town.

History

Source. V.S. 1947, § 80. 1937, No. 3 , § 1. P.L. § 62. 1933, No. 157 , § 18. G.L. § 49. 1917, No. 254 , § 53. P.S. § 46. 1896, No. 125 , § 1. 1896, No. 150 , § 1. V.S. § 38. R.L. § 37. G.S. 10, § 12.

2008. Deleted "Avery's Gore," which is located in Essex County.

Revision note - Changed the spelling of the Town of "Enosburg" to "Enosburgh" in accordance with 2007, No. M-22 (Adj. Sess.), § 13a.

Avery's Gore annexed; boundaries of towns of Bakersfield and Montgomery changed. 1961, No. 175 , § 1, eff. June 19, 1961, provided: "That tract of land known as Avery's Gore lying south of the town of Montgomery in the county of Franklin is hereby divided. All that part thereof, and all of the southwesterly part of the town of Montgomery, lying westerly of 72 degrees 40' 43" west longitude, as shown on the 1925 edition of the U.S. Geological Survey of the Jay Peake quadrangle, are hereby annexed to the town of Bakersfield. All that part thereof lying easterly of the same line is hereby annexed to the town of Montgomery.

§ 8. Grand Isle.

The County of Grand Isle is formed of the towns of Alburgh, Grand Isle, Isle La Motte, North Hero, and South Hero and is bounded as follows: beginning at the northwest corner of this State; thence running easterly on the north line of the State to the middle of the waters of Missisquoi Bay; thence through the middle of the waters of such bay, to a point equidistant from the north point of North Hero and the south point of Hog Island; thence southerly, as near as may be, through the center of the waters of Maquam Bay, but so far east as to include Butler's Island, Knight's Island, and Savage's Island; thence southerly, through the waters of Lake Champlain, to a point equidistant from the south point of South Hero in the County of Grand Isle and Colchester Point in the County of Chittenden; thence westerly to the west line of this State; thence northerly on such line to the place of beginning. North Hero is the shire town.

History

Source. V.S. 1947, § 81. 1937, No. 3 , § 2. P.L. § 63. G.L. § 50. 1917, No. 254 , § 54. P.S. § 47. V.S., § 39. R.L. § 38. G.S. 10, § 11.

2008. Changed the spelling of the Town of "Alburg" to "Alburgh" in accordance with 2007, No. 84 (Adj. Sess.), § 1.

§ 9. Lamoille.

The County of Lamoille is formed of the towns of Belvidere, Cambridge, Eden, Elmore, Hyde Park, Johnson, Morristown, Stowe, Waterville, and Wolcott. Hyde Park is the shire town.

History

Source. V.S. 1947, § 82. P.L. § 64. G.L. § 51. 1917, No. 254 , § 55. P.S. § 48. 1896, No. 125 , § 1. V.S. § 40. R.L. § 39. G.S. 10, § 13.

§ 10. Orange.

The County of Orange is formed of the towns of Bradford, Braintree, Brookfield, Chelsea, Corinth, Fairlee, Newbury, Orange, Randolph, Strafford, Thetford, Topsham, Tunbridge, Vershire, Washington, West Fairlee, and Williamstown. Chelsea is the shire town.

History

Source. V.S. 1947, § 83. P.L. § 65. G.L. § 52. 1917, No. 254 , § 56. P.S. § 49. V.S. § 41. 1882, No. 214 . R.L. § 40. G.S. 10, § 7.

§ 11. Orleans.

The County of Orleans is formed of the towns of Albany, Barton, Brownington, Charleston, Coventry, Craftsbury, Derby, Glover, Greensboro, Holland, Irasburg, Jay, Lowell, Morgan, Newport, Troy, Westfield, and Westmore and the City of Newport. The City of Newport is the shire town.

History

Source. V.S. 1947, § 84. P.L. § 66. 1921, No. 3 . G.L. § 53. 1917, No. 254 , § 57. P.S. § 50. V.S. § 42. 1880, No. 224 . R.L. § 41. G.S. 10, § 14.

§ 12. Rutland.

The County of Rutland is formed of the towns of Benson, Brandon, Castleton, Clarendon, Chittenden, Danby, Fair Haven, Hubbardton, Ira, Killington, Mendon, Middletown Springs, Mount Holly, Mount Tabor, Pawlet, Pittsfield, Pittsford, Poultney, Proctor, Rutland, Shrewsbury, Sudbury, Tinmouth, Wallingford, Wells, West Haven, West Rutland, the City of Rutland, and so much of Lake Champlain as lies in this State west of the towns in the county adjoining the lake. The City of Rutland is the shire town.

Amended 1999, Municipal Act No. M-3, § 3.

History

Source. V.S. 1947, § 85. P.L. § 67. G.L. § 54. 1917, No. 254 , § 58. P.S. § 51. V.S. § 43. 1892, No. 110 , § 1. 1886, No. 137 , § 1. 1886, No. 138 , § 1. 1884, No. 261 , § 1. R.L. § 42. G.S. 10, § 4.

Amendments--1999 Inserted "Killington" preceding "Mendon" and deleted "Sherburne"' preceding "Shrewsbury" in the first sentence.

§ 13. Washington.

The County of Washington is formed of the towns of Barre, Berlin, Cabot, Calais, Duxbury, East Montpelier, Fayston, Marshfield, Middlesex, Moretown, Northfield, Plainfield, Roxbury, Waitsfield, Warren, Waterbury, Woodbury, Worcester, and the cities of Barre and of Montpelier. The City of Montpelier is the shire town.

History

Source. V.S. 1947, § 86. P.L. § 68. G.L. § 55. 1917, No. 254 , § 59. P.S. § 52. V.S. § 44. R.L. § 43. 1874, No. 183 . G.S. 10, § 9.

§ 14. Windham.

The County of Windham is formed of the towns of Athens, Brattleboro, Brookline, Dover, Dummerston, Grafton, Guilford, Halifax, Jamaica, Londonderry, Marlboro, Newfane, Putney, Rockingham, Stratton, Townshend, Vernon, Wardsboro, Westminster, Whitingham, Wilmington, Windham, and the unorganized township of Somerset. Newfane is the shire town.

History

Source. V.S. 1947, § 87. P.L. § 69. G.L. § 56. 1917, No. 254 , § 60. P.S. § 53. V.S. § 45. R.L. § 44. G.S. 10, § 3.

Revision note. Reference to the town of Somerset was changed to "and the unorganized township of Somerset" pursuant to 1937, No. 292 .

§ 15. Windsor.

The County of Windsor is formed of the towns of Andover, Baltimore, Barnard, Bethel, Bridgewater, Cavendish, Chester, Hartford, Hartland, Ludlow, Norwich, Plymouth, Pomfret, Reading, Rochester, Royalton, Sharon, Springfield, Stockbridge, Weathersfield, Weston, West Windsor, Windsor, and Woodstock. Woodstock is the shire town.

History

Source. V.S. 1947, § 88. P.L. § 70. G.L. § 57. 1917, No. 254 , § 61. P.S. § 54. V.S. § 46. R.L. § 45. G.S. 10, § 5.

CHAPTER 3. PROPERTY AND EQUIPMENT

SUBCHAPTER 1. COUNTY BUILDINGS AND LANDS

SUBCHAPTER 2. CAPITAL CONSTRUCTION

Subchapter 1. County Buildings and Lands

Cross References

Cross references. Responsibility for purchasing fuel, supplies, materials and equipment for counties, see 29 V.S.A. § 902.

§ 71. Repealed. 1993, No. 233 (Adj. Sess.), § 45a, eff. June 21, 1994.

History

Former § 71. Former § 71, relating to courthouses, was derived from V.S. 1947, § 3420; 1947, No. 202 , § 3442; P.L. §§ 3343, 3346; 1933, No. 157 , §§ 3113, 3116; G.L. §§ 1643, 1669, 1670, 3823, 3824, 3826, 7430; 1915, No. 91 , § 5; P.L. §§ 1401, 1402, 3327, 3328, 3330, 6228; 1904, No. 172 , § 1; V.S. §§ 1051, 1052, 2882, 2884, 5383; 1892, No. 28 , § 1; 1888, No. 100 ; 1884, No. 153 ; R.L. §§ 832, 833, 2562, 2563, 2564, 4533; 1878, No. 82 ; G.S. § 2881; G.S. 11, §§ 1, 2; G.S. 31, §§ 71, 72; G.S. 48, § 10; G.S. 126, § 26; R.S. 10, §§ 1, 2; R.S. 26, §§ 53, 54; 1858, No. 40 ; R. 1797, p. 424, § 22; 1789, p. 12; 1787, p. 87 and amended by 1965, No. 194 , § 10; 1973, No. 106 , § 6; 1973, No. 193 (Adj. Sess.), § 3; 1989, No. 221 (Adj. Sess.), § 4; and 1993, No. 59 , § 22. The subject matter is now covered by § 71a of this title.

§ 71a. Courthouses.

Except as provided herein, each county shall provide and own a suitable courthouse, pay all utility and custodial services, and keep such courthouse suitably furnished and equipped for use by the Superior Court, together with suitable offices for the county clerk, assistant judges, and Probate judges. Office space for the Probate Division of the Superior Court may be provided elsewhere by the county. The county shall provide at least the facilities for judicial operations that it provided on July 1, 2009.
If all judicial operations in a county are contained in one court building owned by the State, the county clerk and assistant judges may also be located in the same building. The Court Administrator and the Commissioner of Buildings and General Services shall be the superintendents of the building. They shall make decisions regarding building construction, space allocations, and use of the facility after consulting with the Superior Court presiding judge and the assistant judges. The county shall no longer be required to maintain a courthouse.
The Court Administrator, in consultation with the presiding judge of the Superior Court, shall determine what judicial operations will occur in the county courthouse.
Added 1993, No. 233 (Adj. Sess.), § 45, eff. June 21, 1994; amended 1995, No. 62 , § 41, eff. April 26, 1995; 1995, No. 148 (Adj. Sess.), § 4(c)(1), eff. May 6, 1996; 1995, No. 181 (Adj. Sess.), § 7; 1997, No. 121 (Adj. Sess.), § 16; 2009, No. 154 (Adj. Sess.), § 163; 2009, No. 154 (Adj. Sess.), § 163a, eff. Feb. 1, 2011.

History

Amendments--2009 (Adj. Sess.) Act No. 154, § 163 amended section generally.

Act No. 154, § 163a, eff. Feb. 1, 2011, deleted "and probate court" following "superior court" in the first sentence, inserted "division of the superior" following "probate" in the second sentence, and deleted "including staff" following "judicial operations" in the third sentence of subsec. (a).

Amendments--1997 (Adj. Sess.). Subsec. (a): Substituted "judicial bureau" for "traffic and municipal ordinance bureau" in the last sentence.

Amendments--1995 (Adj. Sess.) Subsec. (a): Act No. 181 inserted "pay all utility and custodial services" following "suitable courthouse" and "maintained" preceding "furnished" in the first sentence.

Subsec. (b): Act No. 148 substituted "commissioner of buildings and general services" for "commissioner of state buildings" in the second sentence.

Amendments--1995 Subsec. (a): Inserted "and keep such courthouse suitably furnished and equipped" following "suitable courthouse" and "and probate court" following "superior court", deleted "and" preceding "assistant judges" and added "and probate judges" thereafter in the first sentence, added the second sentence, and inserted "supreme court" preceding "district court", deleted "probate court" thereafter and added "provided that the office of court administrator shall pay the cost of any such use should the assistant judges choose not to pay the cost by use of county funds" following "superior court" in the fourth sentence.

§ 71b. Repealed. 2009, No. 154 (Adj. Sess.), § 238a(a)(4), eff. February 1, 2011.

History

Former § 71b. Former § 71b, relating to assistant judge and sheriff responsible for county courthouse security, was derived from 1993, No. 233 (Adj. Sess.), § 45b.

§ 72. Expenses of the Superior Court.

The expenses connected with the Superior Court, unless otherwise provided, shall be paid by the State.

Amended 1959, No. 328 (Adj. Sess.), § 8(c), eff. March 1, 1961; 1983, No. 195 (Adj. Sess.), § 5(b); 1987, No. 243 (Adj. Sess.), § 28, eff. June 13, 1988; 1995, No. 181 (Adj. Sess.), § 8; 1999, No. 135 (Adj. Sess.), § 1; 2009, No. 154 (Adj. Sess.), § 164.

History

Source. V.S. 1947, § 3424. P.L. § 3348. 1933, No. 157 , § 3118. 1919, No. 214 , § 1. G.L. §§ 3823, 7412. P.S. § 3327. 1908, No. 178 , § 5. 1904, No. 172 , § 1. V.S. § 2881. 1892, No. 28 , § 1. 1882, No. 100 . R.L. § 2562. G.S. 11, § 1. R.S. 10, § 1.

Amendments--2009 (Adj. Sess.) Deleted the subsec. (a) designation and subsec. (b).

Amendments--1999 (Adj. Sess.). Subsec. (b): Amended generally.

Amendments--1987 (Adj. Sess.). In the first sentence, substituted "directed by the court administrator" for "the commissioner of finance and management deems equitable" following "courthouse as".

Amendments--1983 (Adj. Sess.). Inserted "and information support" following "commissioner of finance" in the first sentence.

Amendments--1959 (Adj. Sess.). Substituted "finance director" for "auditor of accounts".

Amendments--1995 (Adj. Sess.) Section amended generally.

§ 73. Support of sheriff's department.

The county shall provide the sheriff with an adequate bond, a suitable office, office equipment and supplies, and adequate telephone service. The sheriff's department shall also be provided with law enforcement equipment, supplies, insurance, and funds for maintaining and operating such equipment as the assistant judges consider necessary to ensure that the department operates in a safe, accountable, and professional manner. The county shall also provide reasonable secretarial assistance and bookkeeping assistance. The county shall also provide funds necessary for department personnel to comply with basic and in-service training requirements established by the Vermont Criminal Justice Council; funds to provide the matching share for grants from federal, State, or private sources; and funds to pay the liability insurance premiums for the sheriff and sheriff's deputies.
From revenues derived from a contract, the sheriff's department shall provide salaries, equipment, and other funds necessary to carry out that contract.
Amended 1967, No. 345 (Adj. Sess.), § 15, eff. April 1, 1969; 1971, No. 141 (Adj. Sess.), eff. Feb. 3, 1972; 1977, No. 218 (Adj. Sess.), § 5; 1987, No. 262 (Adj. Sess.), § 1.

History

Source. V.S. 1947, § 3421. 1939, No. 59 . P.L. § 3344. 1933, No. 157 , § 3114. 1929, No. 135 , §§ 1, 2. G.L. §§ 3824, 7246. P.S. §§ 3328, 6093. 1902, No. 129 , § 1. V.S. §§ 2882, 5278, 5279. 1884, No. 155 , § 1. R.L. §§ 2563, 4434. G.S. 11, § 2. G.S. 121, §§ 1, 2. R.S. 10, § 2. R.S. 103, §§ 1, 2. R. 1797, p. 317, § 1. 1793, p. 55. R. 1787, p. 76.

2020. In subsec. (a), substituted "Vermont Criminal Justice Council" for "Vermont Criminal Justice Training Council" in accordance with 2019, No. 166 (Adj. Sess.), § 2(b).

Amendments--1987 (Adj. Sess.). Subsec. (a): Added "to ensure that the department operates in a safe, accountable and professional manner" following "necessary" in the second sentence, deleted the former third sentence, and rewrote the present third and fourth sentences.

Amendments--1977 (Adj. Sess.). Section amended generally.

Amendments--1971 (Adj. Sess.). Substituted "provide equipment" for "own equipment" and added reference to secretary.

Amendments--1967 (Adj. Sess.). Section amended generally.

COVID-19 state of emergency; county reserve funds; county sheriffs; funding of emergency needs. 2019, No. 100 (Adj. Sess.), § 5 provides: "(a) Funding.

"(1) To support the emergency needs of sheriffs due to the State's COVID-19 response, a county's operations reserve funds and capital reserve funds described in 24 V.S.A. § 133(e) may be allowed to be used for the emergency needs of the county sheriff subject to the approval of the assistant judges. "Emergency needs" means the needs to respond to COVID-19 and includes hiring deputies, dispatchers, and other personnel and purchasing equipment and supplies.

"(2) The funding of these emergency needs under this subsection shall be in addition to the support of the sheriff's department set forth in 24 V.S.A. § 73.

"(b) Reimbursement.

"(1) Any sheriff who receives county reserve funds for emergency needs under subsection (a) of this section shall apply to the Federal Emergency Management Agency (FEMA) and any other applicable resources for COVID-19 relief known to the sheriff for any allowable reimbursement.

"(2) Within 30 days of receiving any such allowable reimbursement, the sheriff shall provide those funds to the county in order to reimburse the county for the funds allocated to the sheriff under subsection (a) of this section. A sheriff shall only be responsible for reimbursing the county an amount equal to the allowable reimbursement the sheriff received under subdivision (1) of this subsection.

"(c) Sunset. This section shall be repealed two weeks after the day the Governor terminates the state of emergency for the State of Vermont in response to COVID-19."

Cross References

Cross references. Sheriff's bond, see § 291 of this title.

Sheriff's department contracts, see § 291a of this title.

ANNOTATIONS

Analysis

1. Jails.
2. Bonds and insurances.

1. Jails.

County funds may not be used to staff a lockup for a county sheriff. Town of Stowe v. County of Lamoille, 134 Vt. 402, 362 A.2d 159 (1976).

County is required to equip and maintain jail for safekeeping of prisoners and to equip it and its office with suitable necessary equipment for use of sheriff. 1926-28 Op. Atty. Gen. 50.

2. Bonds and insurances.

County funds may not be used to pay the premiums for bonds and insurance for the county sheriff and his deputies. Town of Stowe v. County of Lamoille, 134 Vt. 402, 362 A.2d 159 (1976).

§ 74. Repealed. 1995, No. 181 (Adj. Sess.), § 15.

History

Former § 74. Former § 74, relating to lighting and fuel, was derived from V.S. 1947, § 3422; P.L. § 3345; 1933, No. 157 , § 3115; 1929, No. 135 , § 1; G.L. §§ 7246, 7423; P.S. §§ 6093, 6221; 1902, No. 129 , § 1; 1900, No. 69 , §§ 6, 11; 1898, No. 136 , § 2; V.S. §§ 5278, 5279, 5376; 1884, No. 153 ; 1884, No. 155 , § 1; 1882, No. 59 ; R.L. §§ 4434, 4528; 1876, No. 87 ; G.S. 121, §§ 1, 2; R.S. 103, §§ 1, 2; R. 1797, p. 317, § 1; R. 1793, p. 55; R. 1787, p. 76; and amended by 1967, No. 345 (Adj. Sess.), § 16.

§ 75. Telephone.

Each county shall provide adequate telephone service for the county courthouse, the offices of the county clerk, and the sheriff.

Amended 1967, No. 345 (Adj. Sess.), § 17, eff. April 1, 1969; 1969, No. 266 (Adj. Sess.), § 5, eff. July 1, 1971; 2009, No. 154 (Adj. Sess.), § 165, eff. Feb. 1, 2011.

History

Source. V.S. 1947, § 3423. P.L. § 3347. 1933, No. 157 , § 3117. G.L. § 3827. P.S. § 3331. 1896, No. 58 , § 1. V.S. § 2885. 1894, No. 130 . 1892, No. 72 . 1884, No. 113 .

Amendments--2009 (Adj. Sess.) Deleted "probate judge or register thereof," following "county clerk" and inserted "the" preceding "sheriff".

Amendments--1969 (Adj. Sess.). Deleted "state's attorney".

Amendments--1967 (Adj. Sess.). Deleted "county jail".

§ 76. County law library.

Each county may maintain a complete set of Vermont Reports including the digest thereof in the county clerk's office and in each Probate office. The county may maintain in the courthouse or elsewhere such additional law books as in the opinion of the assistant judges are needful for the judges and officials having offices in the county.

Amended 2009, No. 154 (Adj. Sess.), § 165a.

History

Source. 1957, No. 85 . V.S. 1947, § 3425. P.L. § 3349. 1933, No. 157 , § 3119. G.L. § 3828. P.S. § 3332. R. 1906, § 3207. V.S. § 2887. 1890, No. 181 .

Amendments--2009 (Adj. Sess.) Substituted "may maintain" for "shall maintain" in the first sentence.

§ 77. County lands; purchase; condemnation.

Each county may acquire and own such lands and rights in lands as in the opinion of the assistant judges are needful for county purposes.
A county may condemn land in situations similar to those in which a municipality may condemn under section 2805 of this title by complying with the procedures established in sections 2805 through 2812 of this title, with the assistant judges performing the duties assigned by those sections to the selectboard.
In any proceeding brought by a county under subsection (b) of this section, the assistant judges shall be disqualified, and the proceeding shall be heard by the presiding judge sitting alone.
Amended 1979, No. 193 (Adj. Sess.), § 1, eff. May 6, 1980; 2009, No. 154 (Adj. Sess.), § 166; 2013, No. 161 (Adj. Sess.), § 72.

History

Source. V.S. 1947, § 3426. P.L. § 3350. 1933, No. 157 , § 3120. G.L. § 3824. P.S. § 3328. V.S. § 2882. R.L. § 2563. G.S. 11, § 2. R.S. 10, § 2.

Amendments--2009 (Adj. Sess.) Made minor changes in punctuation.

Amendments--1979 (Adj. Sess.). Designated existing provisions of section as subsec. (a) and added subsecs. (b) and (c).

Subchapter 2. Capital Construction

§ 81. Preliminary cost estimates.

The assistant judges of a county may authorize the preparation of preliminary plans and cost estimates for capital construction. For this purpose, the assistant judges may employ or retain architects, engineers, and such other personnel as in their discretion are required.
Upon completion of the preliminary plans and cost estimates authorized by subsection (a) of this section, the assistant judges shall determine the amount to be assessed against the equalized grand list of the county.
Added 1971, No. 230 (Adj. Sess.), § 12.

History

Revision note. In subsec. (b), substituted "subsection (a) of this section" for "section 91 of this chapter" to conform reference to V.S.A. style.

§ 82. Submission to voters.

Debt may be incurred and bonds issued pursuant to the limitations of this chapter for the amount of funds necessary for capital construction.
Any bond issue pursuant to this chapter for capital construction shall be passed by a majority of the votes of those voting. The issue shall be submitted to the voters of the county at the first general or annual municipal election scheduled at least 90 days after the completion of the preliminary construction plans and cost estimates.
The assistant judges shall not submit to the voters more than twice the same proposition of incurring a bonded debt to pay for the cost of any particular capital construction project. If the first submission to the voters fails, the proposition may be resubmitted a second time at least 90 days but less than 180 days following the first submission.
Warnings of election, notification and conduct of meeting if required, and validation of bond issuance shall, insofar as applicable, be governed by the provisions of subchapter 1 of chapter 53 of this title relating to the issuance of municipal bonds.
Added 1971, No. 230 (Adj. Sess.), § 12; amended 2003, No. 121 (Adj. Sess.), § 47, eff. June 8, 2004.

History

Revision note. Reference to "chapter 47" of this title in subsec. (d) changed to "chapter 53" to conform reference to renumbering of such chapter.

Amendments--2003 (Adj. Sess.). Subsec. (b): Inserted "or annual municipal" preceding "election".

§ 83. Form, denominations, certification, and cancellation of bonds.

Insofar as applicable, the provisions of subchapter 1 of chapter 53 of this title relating to the form, denominations, certification, cancellation, and other matters affecting the issuance of municipal bonds shall govern bonds issued pursuant to this chapter.

Added 1971, No. 230 (Adj. Sess.), § 12.

History

Revision note. Reference to "chapter 47" of this title changed to "chapter 53" to conform reference to renumbering of such chapter.

CHAPTER 5. COUNTY OFFICERS; POWERS AND DUTIES

SUBCHAPTER 1. ASSISTANT JUDGES

SUBCHAPTER 2. COUNTY CLERK

SUBCHAPTER 3. COUNTY TREASURER

SUBCHAPTER 4. COUNTY AUDITOR

SUBCHAPTER 5. SHERIFFS

SUBCHAPTER 6. HIGH BAILIFF

SUBCHAPTER 7. STATE'S ATTORNEY

SUBCHAPTER 8. COMMISSIONERS OF JAIL DELIVERY

SUBCHAPTER 9. NOTARIES PUBLIC

ANNOTATIONS

Cited. Frank v. United States, 860 F. Supp. 1030 (D. Vt. 1994).

Subchapter 1. Assistant Judges

Cross References

Cross references. Compensation of assistant judges, see 32 V.S.A. § 1141.

Composition of Superior Court, see 4 V.S.A. § 112.

Election of assistant judges, see Vt. Const. Ch. II, §§ 43, 50, and 53.

§ 131. Powers and duties.

The assistant judges shall have the care and superintendence of county property, may provide for the acceptance and processing of U.S. passport applications by county clerks pursuant to memorandums of understanding entered into under 4 V.S.A. § 691 , may take deeds and leases of real estate to the county, rent or sell and convey unused lands belonging to the county, keep the courthouse, jail, and other county buildings insured, and make needed repairs and improvements in and around the same.

Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 167; 2011, No. 1 , § 10, eff. Feb. 2, 2011.

History

Source. V.S. 1947, § 3427. P.L. § 3351. 1933, No. 157 , § 3121. 1925, No. 57 . G.L. § 3825. P.S. § 3329. 1896, No. 57 , § 1. V.S. § 2883. R.L. § 2565. G.S. 11, § 3. 1855, No. 17 . R.S. 10, § 3. 1833, No. 5 . 1826, No. 4 .

Amendments--2011. Inserted "may provide for the acceptance and processing of United States passport applications by county clerks pursuant to memorandums of understanding entered into under 4 V.S.A. § 691," following "property,".

Amendments--2009 (Adj. Sess.) Deleted "of the superior court" following "assistant judges".

Amendments--1973 (Adj. Sess.). Substituted "superior court" for "county court".

Cross References

Cross references. Acquisition and condemnation of lands, see § 77 of this title.

Insurance coverage purchased by county under provisions of this section as constituting waiver of sovereign immunity, see 29 V.S.A. § 1403.

ANNOTATIONS

Analysis

1. Appointments.
2. Investigators.
3. Jails.
4. Disqualification.

1. Appointments.

Assistant judges do not have authority to appoint a deputy county clerk. 1948 Op. Atty. Gen. 382.

2. Investigators.

Assistant judges do not have the power to fund a full time investigator for the State's Attorney's office from county funds. 1974 Op. Atty. Gen. 51.

3. Jails.

Insofar as Department of Corrections standards regarding operation of lockups and their physical structures may properly be classified as repairs or improvements to a county jail, the assistant judges of the county have authority under this section to expend county funds for such purposes, and implicit in this is the judges' agreement to have the jail designated a lockup under 28 V.S.A. § 101. Town of Stowe v. County of Lamoille, 134 Vt. 402, 362 A.2d 159 (1976).

4. Disqualification.

An assistant judge must recuse herself under the same circumstances as a presiding judge. Velardo v. Ovitt, 182 Vt. 180, 933 A.2d 227 (July 27, 2007).

The duties of guardians ad litem (GALs) in contested custody cases bring them within the canon on disqualification of the Code of Judicial Conduct. Because the canon applies, an assistant judge should have disclosed her relationship and recused herself when she became aware that her sister was appointed GAL, or the court should have appointed a different GAL. Velardo v. Ovitt, 182 Vt. 180, 933 A.2d 227 (July 27, 2007).

In a custody dispute where an assistant judge should have disclosed her relationship and recused herself when she became aware that her sister was appointed guardian ad litem, the family court's custody determination was required to be vacated and the case remanded for a new trial. Velardo v. Ovitt, 182 Vt. 180, 933 A.2d 227 (July 27, 2007).

Law review commentaries

Law review. For note relating to powers and role of side judges in the legislative and judicial branches of government, see 10 Vt. L. Rev. 321 (1985).

§ 132. United States and State flags; display.

Such judges shall purchase at the expense of the county and cause to be displayed in the court room in the county courthouse a United States and a State flag. On legal holidays commemorative of historic events they shall cause such flags to be displayed on the courthouse or grounds.

History

Source. V.S. 1947, § 3428. P.L. § 3352. 1933, No. 157 , § 3122. 1927, No. 53 , § 1. 1925, No. 56 , § 1.

Law review commentaries

Law review. For note relating to powers and role of side judges in the legislative and judicial branches of government, see 10 Vt. L. Rev. 321 (1985).

§ 133. County tax; amount; assessment.

Annually, the assistant judges shall prepare a proposed budget of the county for the ensuing year.
Before a budget to be proposed at the annual meeting is finalized, the assistant judges shall hold a meeting to invite discussion of the preliminary proposed budget. The meeting to review the preliminary proposed budget shall take place at least 30 and not more than 40 days prior to the annual meeting. Notice of this meeting shall be published in all daily newspapers having general circulation in the county at least 14 days before the meeting. If a daily newspaper of general circulation is not published in the county, the notice shall be published in a weekly newspaper of general circulation in the county. A copy of the notice shall be mailed to the legislative bodies of the towns located in the county.
Annually, on or before January 31, the assistant judges shall call a meeting of the voters of the county for the purpose of presenting the proposed budget of the county for the ensuing year and inviting discussion thereon. The meeting shall be held at a place within the county and shall be warned by a notice posted in three public places in the county and published in all daily newspapers having general circulation in the county at least 30 and not more than 40 days prior to the meeting. If a daily newspaper of general circulation is not published in the county, the notice shall be published in a weekly newspaper of general circulation in the county. The warning shall include a summary of the expenditures being proposed for the various areas covered by the proposed budget and shall provide the public with information about how a copy of the proposal may be obtained. Members of legislative bodies of each of the towns within the county shall be notified of the meeting by mail. Copies of the proposed budget shall be available to the public during normal business hours in the county courthouse and in the office of the clerks of the towns located in the county.
Annually, not less than 14 nor more than 21 days following the county meeting provided in subsection (c) of this section, the assistant judges shall review the proposed budget of the county in light of any discussion thereon at the county meeting and, if deemed expedient, make and deliver to the county treasurer a written order directing the treasurer to issue, on or before March 1 following, the statements required by 32 V.S.A. § 4965 , and warrants to the several treasurers of the towns for the collection of a tax sufficient to pay such indebtedness and estimated expense, but the whole amount of such tax shall not exceed in one year five cents on a dollar of the equalized grand list of such county.
1. The proposed budget shall contain any cost estimates and preliminary plans for capital construction in the county pursuant to subchapter 2 of chapter 3 of this title, estimates of the indebtedness of the county, estimates of the probable ordinary expenses of the county for the ensuing year, and any and all other expenses and obligations of the county. (e) (1) The proposed budget shall contain any cost estimates and preliminary plans for capital construction in the county pursuant to subchapter 2 of chapter 3 of this title, estimates of the indebtedness of the county, estimates of the probable ordinary expenses of the county for the ensuing year, and any and all other expenses and obligations of the county.
2. The budget may contain provisions for additions to an operations reserve fund, and the accumulated total reserve fund shall not at any time exceed an amount equal to 15 percent of the current budget presented.
3. Pursuant to a capital program, as described in section 4430 of this title, the budget may also include a provision for a separate reserve fund for capital construction, reconstruction, remodeling, repairs, renovation, design, or redesign, which shall not at any time exceed an amount equal to 75 percent of the current budget presented. However, if capital construction, reconstruction, remodeling, repairs, renovation, design, or redesign is necessitated by an insured loss or damage to a county building, the separate reserve fund may also include the amount of insurance proceeds received as a result of the loss or damage.
4. All county budgets shall include the amounts currently budgeted for each item included in the proposed budget.
The amount of the tax shall be apportioned upon the towns, unorganized towns, and gores according to the ratio of the equalized grand list, as defined in 16 V.S.A. § 3441 , of the individual town, unorganized town, or gore to the total equalized grand list of all the towns, unorganized towns, and gores in the county.
The assistant judges shall hold the meetings required by this section at times convenient to the public.
The fiscal year of the county shall end on January 31, unless the assistant judges, after discussion of the issue at the annual meeting, vote to have a different fiscal year, in which case the fiscal year so voted shall remain in effect until amended.
Amended 1967, No. 256 (Adj. Sess.), § 1, eff. Feb. 20, 1968; 1971, No. 73 , § 3, eff. April 16, 1971, No. 230 (Adj. Sess.), § 11; 1983, No. 78 , eff. April 28, 1983; 1997, No. 107 (Adj. Sess.), § 1, eff. Jan. 1, 1999; 2003, No. 121 (Adj. Sess.), § 48, eff. June 8, 2004; 2011, No. 144 (Adj. Sess.), § 5, eff. May 15, 2012; 2019, No. 104 (Adj. Sess.), § 6.

History

Source. 1957, No. 3 . V.S. 1947, § 3429. 1947, No. 41 , § 1. P.L. § 3353. 1933, No. 157 , § 3123. 1925, No. 58 . G.L. § 3831. 1917, No. 48 , §§ 3, 4. 1917, No. 254 , § 3782. 1915, No. 1 , § 108. 1912, No. 42 , § 1. P.S. § 3335. 1904, No. 72 , § 1. V.S. § 2890. 1892, No. 12 , §§ 1, 3. 1882, No. 1 , §§ 37, 40. 1882, No. 8 , § 2. R.L. § 2568. 1872, No. 77 , § 1.

Reference in text. 16 V.S.A. § 3441, referred to in subsec. (f), was repealed by 1997, No. 60 , § 35, effective July 1, 1998.

Revision note. In subsec. (e) changed "subchapter 10 of this chapter" to "subchapter 2 of chapter 3 of this title" to conform reference to provisions relating to capital construction in counties.

Amendments--2019 (Adj. Sess.). Subsec. (e): Added the subdiv. designations (1) through (4).

Subdiv. (e)(2): Substituted "provisions" for "provision".

Subdiv. (e)(3): Substituted "4430" for "4426".

Subdiv. (e)(4): Deleted "be presented on the form prescribed by the Auditor of Accounts, after consultation with the association of assistant judges, and shall" following "budgets shall".

Amendments--2011 (Adj. Sess.). Subsec. (e): Substituted "an operations reserve fund" for "a reserve fund" and "15 percent" for "ten percent" in the second sentence, and substituted "75 percent" for "50 percent" in the third sentence.

Amendments--2003 (Adj. Sess.). Subsec. (e): Amended generally.

Amendments--1997 (Adj. Sess.). Added subsecs. (a) and (b), redesignated former subsecs. (a) through (d) as subsecs. (c) through (f) and added subsecs. (g) and (h); in subsec. (c), in the second sentence, substituted "all daily newspapers having" for "a newspaper of" before "general circulation", added the third sentence, in the fourth sentence, deleted "contain by separate articles the provisions of the proposed budget" after "warning" and added the language beginning "include a summary of the expenditures being proposed" to the end of that sentence, in the fifth sentence, deleted "certified" before "mail" at the end, and added the last sentence; in subsec. (d), substituted "(c)" for "(a)" after "subsection" and "the treasurer" for "him" after "directing"; and in subsec. (e), added the last sentence.

Amendments--1983. Subsec. (c): Added the third and fourth sentences.

Amendments--1971 (Adj. Sess.). Section amended generally.

Amendments--1971. Subsec. (b): Amended generally.

Amendments--1967 (Adj. Sess.). Designated existing provisions of section as subsec. (a) and added subsec. (b).

COVID-19 state of emergency; county reserve funds; county sheriffs; funding of emergency needs. 2019, No. 100 (Adj. Sess.), § 5 provides: "(a) Funding.

"(2) The funding of these emergency needs under this subsection shall be in addition to the support of the sheriff's department set forth in 24 V.S.A. § 73.

"(b) Reimbursement.

"(c) Sunset. This section shall be repealed two weeks after the day the Governor terminates the state of emergency for the State of Vermont in response to COVID-19."

ANNOTATIONS

Analysis

1. Budget.
2. Actions.
3. Salary of deputy clerk.

1. Budget.

County budget presented by assistant judges at meeting they call for the purpose of presenting the proposed budget of the county to the voters and inviting discussion on the budget is not binding. Town of Stowe v. County of Lamoille, 134 Vt. 402, 362 A.2d 159 (1976).

This section providing that the assistant judges call a meeting of the voters of the county for the purpose of presenting judges' proposed budget of the county and inviting discussion thereon, and that the judges shall review the budget in the light of any discussion thereon at the meeting, does not require approval of the budget by the voters and does not require the budget to conform to the sense of the meeting. Town of Stowe v. County of Lamoille, 134 Vt. 402, 362 A.2d 159 (1976).

2. Actions.

This section authorizing county tax sufficiently designated the towns within the county as the taxpayers to put beyond question town's standing to sue for declaratory judgment that it did not have to pay tax because the money would be illegally spent, and county's right to reach the property of the town's taxpayers to pay the tax was derivative and based upon the failure of the town to pay the county tax, and was not grounds to deny town standing. Town of Stowe v. County of Lamoille, 134 Vt. 402, 362 A.2d 159 (1976).

3. Salary of deputy clerk.

Assistant judges of county are not authorized to expend moneys raised by taxes under this section for salaries of deputy clerk appointed by county clerk. 1948 Op. Atty. Gen. 382.

Law review commentaries

Law review. For note relating to powers and role of side judges in the legislative and judicial branches of government, see 10 Vt. L. Rev. 321 (1985).

§ 134. County tax; county treasurer; warrant.

The county treasurer shall issue warrants on or before March 1 requiring the tax to be paid in two equal installments on or before July 5 and on or before November 5.

Amended 1989, No. 176 (Adj. Sess.), eff. May 12, 1990; 2011, No. 81 (Adj. Sess.), § 1, eff. April 13, 2012; 2017, No. 74 , § 62.

History

Source. V.S. 1947, § 3430. P.L. § 3354. G.L. § 3832. 1915, No. 1 , § 109. P.S. § 3336. V.S. § 2891. R.L. § 2569. 1872, No. 77 , § 2.

Amendments--2017. Section heading: Inserted "County tax;" preceding "county treasurer".

Amendments--2011 (Adj. Sess.) Substituted "the tax to be paid in two equal installments on or before July 5 and on or before November 5" for "such tax to be paid on or before July 5 following".

Amendments--1989 (Adj. Sess.). Deleted "his" preceding "warrants" and "to him" following "paid" and substituted "July 5" for "June 1".

§ 135. County tax; payment by town.

Each town treasurer shall present such warrant to the selectboard which, within the time required by the warrant, shall draw an order on the town treasury for the amount of such tax and such treasurer shall forthwith pay the county treasurer the amount of such order. Such tax shall be assessed by the selectboard upon the grand list of the town unless otherwise provided for.

Amended 2017, No. 74 , § 63.

History

Source. V.S. 1947, § 3431. P.L. § 3355. 1933, No. 157 , § 3125. 1925, No. 58 . G.L. § 3831. 1917, No. 48 , §§ 3, 4. 1917, No. 254 , § 3782. 1915, No. 1 , § 108. 1912, No. 42 , § 1. P.S. § 3335. 1904, No. 72 , § 1. V.S. § 2890. 1892, No. 12 , §§ 1, 3. 1882, No. 1 , §§ 37, 40. 1882, No. 8 , § 2. R.L. § 2568. 1872, No. 77 , § 1.

2016. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

Amendments--2017. Section heading: Inserted "County tax;" preceding "payment".

§ 136. Actions by and against county; process; attorney.

Actions in which a county is the party in interest shall be brought by or against the county, and service of process against a county shall be made by leaving copies with the county clerk or county treasurer. The assistant judges may appoint an attorney to prosecute or defend actions in which the county is a party.

Amended 1971, No. 185 (Adj. Sess.), § 198, eff. March 29, 1972.

History

Source. V.S. 1947, § 3432. P.L. § 3356. G.L. § 3835. P.S. § 3339. V.S. § 2894. R.L. § 2572. G.S. 85, §§ 5, 16. R.S. 78, § 3. R. 1797, p. 301, § 4. 1788, p. 8.

Amendments--1971 (Adj. Sess.). Rephrased, substituted "process" for "writs" and added reference to county treasurer.

ANNOTATIONS

Analysis

1. Sovereign immunity.
2. Legislative reapportionment.
3. Powers.

1. Sovereign immunity.

Legislature did not intend to waive sovereign immunity by enactment of this section. 1962-64 Op. Atty. Gen. 471.

2. Legislative reapportionment.

County would not be a proper party in interest in suit challenging Legislature's senatorial reapportionment of the county, and the assistant judges could not appoint an attorney to represent the county, or the citizens of the county, in a suit challenging the reapportionment. 1974 Op. Atty. Gen. 49.

3. Powers .

Although a sheriff is a statutory employee of the county in which he protects via 24 V.S.A. § 290, he functions independently of the county in many important respects; the government's argument under 24 V.S.A. § 136, which states that a county shall bring suit on its own behalf, is misplaced because it is the sheriff that is required to take action under the Brady Act and the county under these circumstances does not suffer any harm by his Brady litigation. Frank v. United States, 860 F. Supp. 1030 (D. Vt. 1994), rev'd, in part, on other grounds, 78 F.3d 815 (2d Cir. 1996).

§ 137. Jurisdiction.

Superior Courts, within their respective jurisdictions, may take cognizance of actions in favor of or against the county.

Amended 1965, No. 194 , § 10, operative Feb. 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1973, No. 249 (Adj. Sess.), § 77, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 168.

History

Source. V.S. 1947, § 3433. P.L. § 3357. G.L. § 3836. 1908, No. 62 . P.S. § 3340. V.S. § 2895. R.L. § 2573. G.S. 11, § 15. R.S. 10, § 9.

Amendments--2009 (Adj. Sess.) Deleted "District and" preceding "superior".

Amendments--1973 (Adj. Sess.). Omitted reference to justice court and substituted "superior court" for "county court".

Amendments--1965. Substituted "district court" for "municipal court".

ANNOTATIONS

1. Qui tam actions.

Under this section county court may take jurisdiction of qui tam action brought by common informer to recover penalty for fraudulent conveyance, notwithstanding one-half of penalty, if recovered, is given by statute to county within which court is held. Colgate v. Hill, 20 Vt. 56 (1847).

§ 138. Local option taxes.

Local option taxes are authorized under this section for the purpose of affording municipalities an alternative method of raising municipal revenues to facilitate the transition and reduce the dislocations in those municipalities that may be caused by reforms to the method of financing public education under the Equal Educational Opportunity Act of 1997. Accordingly:
1. the local option taxes authorized under this section may be imposed by a municipality;
2. a municipality opting to impose a local option tax may do so prior to July 1, 1998 to be effective beginning January 1, 1999, and anytime after December 1, 1998 a local option tax shall be effective beginning on the next tax quarter following 90 days' notice to the Department of Taxes of the imposition; and
3. a local option tax may only be adopted by a municipality in which:
  1. the education property tax rate in 1997 was less than $1.10 per $100.00 of equalized education property value; or
  2. the equalized grand list value of personal property, business machinery, inventory, and equipment is at least ten percent of the equalized education grand list as reported in the 1998 Annual Report of the Division of Property Valuation and Review; or
  3. the combined education tax rate of the municipality will increase by 20 percent or more in fiscal year 1999 or in fiscal year 2000 over the rate of the combined education property tax in the previous fiscal year.
If the legislative body of a municipality by a majority vote recommends, the voters of a municipality may, at an annual or special meeting warned for that purpose, by a majority vote of those present and voting, assess any or all of the following:
1. a one percent sales tax;
2. a one percent meals and alcoholic beverages tax;
3. a one percent rooms tax.
Any tax imposed under the authority of this section shall be collected and administered by the Department of Taxes, in accordance with State law governing such State tax or taxes; provided, however, that a sales tax imposed under this section shall be collected on each sale that is subject to the Vermont sales tax using a destination basis for taxation. Except with respect to taxes collected on the sale of aviation jet fuel, a per-return fee of $5.96 shall be assessed to compensate the Department for the costs of administration and collection, 70 percent of which shall be borne by the municipality, and 30 percent of which shall be borne by the State to be paid from the PILOT Special Fund. The fee shall be subject to the provisions of 32 V.S.A. § 605 .
1. Except as provided in subsection (c) of this section and subdivision (2) of this subsection with respect to taxes collected on the sale of aviation jet fuel, of the taxes collected under this section, 70 percent of the taxes shall be paid on a quarterly basis to the municipality in which they were collected, after reduction for the costs of administration and collection under subsection (c) of this section. Revenues received by a municipality may be expended for municipal services only, and not for education expenditures. Any remaining revenue shall be deposited into the PILOT Special Fund established by 32 V.S.A. § 3709 . (d) (1) Except as provided in subsection (c) of this section and subdivision (2) of this subsection with respect to taxes collected on the sale of aviation jet fuel, of the taxes collected under this section, 70 percent of the taxes shall be paid on a quarterly basis to the municipality in which they were collected, after reduction for the costs of administration and collection under subsection (c) of this section. Revenues received by a municipality may be expended for municipal services only, and not for education expenditures. Any remaining revenue shall be deposited into the PILOT Special Fund established by 32 V.S.A. § 3709 .
2. 1. Of the taxes collected under this section on the sale of aviation jet fuel, on a quarterly basis, 70 percent of the taxes shall be paid to the municipality in which they were collected, and 30 percent shall be deposited in the Transportation Fund. (2) (A) Of the taxes collected under this section on the sale of aviation jet fuel, on a quarterly basis, 70 percent of the taxes shall be paid to the municipality in which they were collected, and 30 percent shall be deposited in the Transportation Fund.
  2. All revenues referenced in subdivision (A) of this subdivision (2) shall be used exclusively for aviation purposes consistent with 49 U.S.C. § 47133 and Federal Aviation Administration regulations and policies.
As used in this section, "municipality" means a city, town, or incorporated village.
Nothing in this section shall affect the validity of any existing provision of law or municipal charter authorizing a municipality to impose a tax similar to the local option taxes authorized in this section.
If the legislative body of a municipality by a majority vote recommends or by petition of ten percent of the voters of a municipality recommends, the voters of a municipality may at an annual or special meeting warned for that purpose by a majority vote of those present and voting rescind any or all of the local option taxes assessed under subsection (b) of this section.
Added 1997, No. 60 , § 88; amended 1997, No. 71 (Adj. Sess.), § 61, eff. March 11, 1998; 1999, No. 49 , § 87, eff. June 2, 1999; 2001, No. 144 (Adj. Sess.), § 25; 2003, No. 66 , § 53b, see effective date note set out below; 2003, No. 68 , §§ 66, 68, eff. June 18, 2003; 2003, No. 152 (Adj. Sess.), § 15; 2005, No. 215 (Adj. Sess.), §§ 286, 293b, 293c; 2009, No. 160 (Adj. Sess.), § 8; 2011, No. 128 (Adj. Sess.), § 37; 2011, No. 143 (Adj. Sess.), § 48, eff. May 15, 2012; 2017, No. 158 (Adj. Sess.), § 36, eff. Jan. 1, 2019.

History

Reference in text. The Equal Educational Opportunity Act of 1997, referred to in subsec. (a), was passed by 1997, No. 60 , and is principally codified in Title 16.

2003. The text of this section is based on a correlation of three amendments. During the 2003 session, this section was amended three times by Act Nos. 66 and 68. In order to reflect all of the changes intended by the Legislature during the 2003 session, the texts of Act Nos. 66 and 68 were merged to arrive at a single version of this section. The amendments by each act are described in amendment notes set out below.

Amendments--2017 (Adj. Sess.). Subsec. (c): Added "Except with respect to taxes collected on the sale of aviation jet fuel," at the beginning of the second sentence.

Subsec. (d): Amended generally.

Amendments--2011 (Adj. Sess.). Subsec. (c): Act No. 128 substituted "$5.96" for "$9.52" in the second sentence.

Subsec. (g): Added by Act No. 143.

Amendments--2009 (Adj. Sess.) Subsec. (c): Amended generally.

Amendments--2005 (Adj. Sess.). Subdiv. (a)(1): Act No. 215, § 293b deleted "only during calendar years 1999 through 2008" from the end.

Subdiv. (a)(2): Act No. 215, § 293b deleted "and all authority to opt to impose a local option tax under this section shall terminate September 1, 2007, and all authority to impose a local option tax shall terminate on December 31, 2008".

Act No. 215, § 293c, amending the version as amended by 2003, No. 152 (Adj. Sess.), § 15, substituted "90 days" for "30 days" and deleted "and all authority to opt to impose a local option tax under this section shall terminate September 1, 2007, and all authority to impose a local option tax shall terminate on December 31, 2008".

Subdiv. (d): Amended generally by Act No. 215, § 286.

Amendments--2003 Subdiv. (a)(2): Substituted "90 days' notice" for "30 days' notice".

Amendments--2003. Subsec. (a): Amended generally.

Subsec. (b): Deleted "excluding tax on telecommunications" in subdiv. (b)(1).

Subsec. (c): Added "using a destination basis for taxation" to the end of the first sentence.

Subsec. (d): Inserted "established in Sec. 89 of No. 60 of the Acts of 1997" following "special fund".

Amendments--2001 (Adj. Sess.) Substituted "1999 through 2006" for "1999 through 2004" in subdiv. (a)(1), and "September 1, 2005" for "September 1, 2003" and "December 31, 2006" for "December 31, 2004" in subdiv. (a)(2).

Amendments--1999 Subdiv. (a)(1): Substituted "through 2004" for "2000, 2001 and 2002".

Subdiv. (a)(2): Substituted "September 1, 2003" for "September 1, 2001" and "December 31, 2004" for "December 31, 2002".

Subdiv. (a)(3)(B): Substituted "as reported in the 1998 Annual Report of the Division of Property Valuation and Review" for "in fiscal year 1998".

Subsec. (c): Substituted "seventy percent of the" for "all" at the beginning of the second sentence and inserted "and 30 percent shall be borne by the state to be paid from the pilot special fund" at the end.

Subsec. (d): Substituted "thereafter" for "2000 and 2001, and 60 percent shall be paid to the municipality in which they were reported for calendar year 2002" following "reported for calendar years" at the end of the first sentence.

Amendments--1997 (Adj. Sess.). In subdiv. (a)(1) substituted "calendar" for "fiscal" and "and 2002" for "the transitional years preceding full implementation of that act"; in subdiv. (a)(2) substituted "may do so prior to" for "shall do so no later than"; added the language beginning with "to be effective" and ending with "of the imposition"; substituted "opt to impose" for "impose or collect" and substituted the language beginning with "September 1" for "July 1, 2001"; redesignated part of subdiv. (3) as (3)(A); substituted "value" for "tax grand list" and added subdivs. (B) and (C); in subdiv. (b)(1) deleted "and use" after "sales"; substituted "department of taxes" for "municipality" in subdiv. (c) and rewrote subdiv. (d).

Effective date of 2003 amendments to subsecs. (b) and (c). 2003, No. 68 , § 87(17), as amended by 2003, No. 152 (Adj. Sess.), § 27, provides that Secs. 51-67 [sec. 66 amends subsecs. (b) and (c) of this section] relating to streamlined sales tax provisions, including provisions relating to alcoholic beverages, clothing, and $20.00 telecommunications credit, and provisions relating to local option taxation of telecommunications and exemption of clothing, shall take effect on the first day of the second quarter following the date of Vermont's membership in the multistate streamlined sales and use tax agreement, but no earlier than July 1, 2005.

Management of PILOT special fund. 1997, No. 60 , § 89, provided:

"(a) There is established a PILOT special fund, to be managed by the commissioner of taxes, pursuant to subchapter 5 of chapter 7 of Title 32. The commissioner of finance and management may draw warrants for disbursements from this fund in anticipation of receipts.

"(b) If after payment of the amounts required by subsection 3703(d) of Title 32, insufficient funds exist to pay the full amount of all remaining payments in lieu of taxes, then the remaining payments, after application of the cap in subsection 3703(c) of Title 32, shall be reduced proportionately."

Effective date of amendment. 2003, No. 152 (Adj. Sess.), § 23(5) provides that Secs. 15 through 22 of that act [Sec. 15 amended subdiv. (a)(2) of this section by substituting "90 days" for "30 days"] shall take effect on the first day of the second quarter following the date of Vermont's membership in the multistate streamlined sales and use tax agreements, but no earlier than July 1, 2005.

Applicability of 2009 (Adj. Sess.) amendment. 2009, No. 160 (Adj. Sess.), § 62(2) provides that Sec. 8 (local option tax administration fee) [which amends this section] shall apply to all returns filed with the department on or after July 1, 2010.

Cross References

Cross references. State payment in lieu of property taxes, see 32 V.S.A. § 3701 et seq.

§ 139. Assistant judge judicial education.

The assistant judges, either collectively or through a duly authorized committee of assistant judges established by a majority vote of the assistant judges after consultation with the administrative judge, shall, by majority vote:

identify the training needs of assistant judges, including needs which are required by law; and
design, organize, and implement training for assistant judges, including training which is required by law.
Added 2001, No. 70 , § 3, eff. June 16, 2001.

History

2016. In subdivs. (1) and (2), deleted "but not limited to" following "including" in accordance with 2013, No. 5 , § 4.

Subchapter 2. County Clerk

§ 171. Appointment.

The assistant judges shall appoint a county clerk who shall be sworn and hold his or her office during the pleasure of such judges and until his or her successor is appointed and has qualified.

Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 169.

History

Source. V.S. 1947, § 3434. P.L. § 3358. 1933, No. 157 , § 3128. G.L. § 3864. P.S. § 3364. 1906, No. 63 , § 35. 1902, No. 153 , § 4. V.S. § 2920. R.L. § 2598. G.S. 12, § 65. R.S. 11, § 58. 1824, p. 21. 1805, p. 107. R. 1797, p. 81, § 18. R. 1797, p. 580, § 5. 1794, p. 118. 1792, p. 59. R. 1787, p. 28.

Amendments--2009 (Adj. Sess.) Deleted "of the superior court, with the concurrence of the presiding judge of such court" preceding "shall appoint" and inserted "or her" following "his" in two places.

Amendments--1973 (Adj. Sess.). Substituted "superior court" for "county court".

§ 172. Certificate of appointment.

Upon the appointment of a county clerk, such judges shall transmit to the Secretary of State their certificate of appointment and qualification of such clerk signed by them. Such certificate shall bear on its face the signature and impression of the official seal of the clerk and verification of the genuineness of each.

History

Source. V.S. 1947, § 3435. 1947, No. 202 , § 3457. P.L. § 3359. G.L. § 3865. P.S. § 3365. 1900, No. 43 , § 1.

§ 173. Certificate of Secretary of State.

Upon request, the Secretary of State shall certify under seal to the appointment, qualification, and authority of a county clerk described in a certificate on file in his or her office, and as to the genuineness of the signature and seal of office of a county clerk appearing on any instrument within the authority of such clerk to execute.

History

Source. V.S. 1947, § 3436. P.L. § 3360. G.L. § 3866. P.S. § 3366. 1900, No. 43 , § 2.

§ 174. Repealed. 2009, No; 154 (Adj. Sess.), § 238.

History

Former § 174. Former § 174, relating to the Superior Court seal may be used as county seal, was derived from V.S; 1947, § 3437; P.L; § 3361; 1921, No; 91, § 1 and amended by 1973, No; 193 (Adj; Sess.), § 3.

§ 175. Bond to county.

Before entering upon the duties of his or her office, a county clerk shall become bound to the county in the sum of $3,000.00, with sufficient sureties, by way of recognizance, before the assistant judges, or give a bond to the county executed by principal and sureties in like sum to be approved by the assistant judges, conditioned for the faithful performance of his or her duties. Such bonds of county clerks shall be taken biennially in the month of February and recorded in the office of the county clerk.

Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 170.

History

Source. V.S. 1947, § 3438. P.L. § 3362. 1933, No. 157 , § 3132. G.L. §§ 3868, 3869. 1915, No. 1 , § 111. P.S. §§ 3368, 3369. 1902, No. 157 , § 1. V.S. §§ 2922, 2923. R.L. §§ 2600, 2601. 1872, No. 64 . G.S. 12, §§ 68, 70. 1850, No. 62 , § 3. 1842, No. 2 , § 4. R.S. 11, § 61. 1825, No. 1 , § 7. R. 1797, p. 577, § 1.

Amendments--2009 (Adj. Sess.) Inserted "or her" following "his" in two places, and substituted "the assistant judges" for "two of the judges of the superior court" in two places.

Amendments--1973 (Adj. Sess.). Substituted "superior court" for "county court".

§ 176. Deputy clerk.

A county clerk may, subject to the approval of the assistant judges, appoint one or more deputies who may perform the duties of clerk for whose acts he or she shall be responsible and whose deputations he or she may revoke at pleasure. A record of the appointments shall be made in the office of the clerk. In case of the death of the clerk or his or her inability to act, the deputy or deputies in order of appointment shall perform the duties of the office until a clerk is appointed. In case of the suspension of the clerk's duties as a condition of release pending trial for violating 13 V.S.A. § 2537 , the assistant judges of the county shall appoint a person to perform the duties of the office until the charge of violating 13 V.S.A. § 2537 is resolved. The compensation for the clerk and deputy clerk shall be fixed by the assistant judges and paid for by the county. Such compensation may include such employment benefits as are presently provided to State employees, including health insurance, life insurance, and pension plan, the expense for which shall be borne by the county and the employees.

Amended 1973, No. 106 , § 7, eff. May 25, 1973; 2007, No. 169 (Adj. Sess.), § 3; 2009, No. 154 (Adj. Sess.), § 171.

History

Source. 1951, No. 63 . V.S. 1947, § 3439. P.L. § 3363. G.L. § 3872. P.S. § 3372. V.S. § 2926. R.L. § 2604. G.S. 12, § 83. R.S. 11, § 66. 1837, No. 25 .

Amendments--2009 (Adj. Sess.) Deleted the former fifth sentence, inserted "clerk and" preceding "deputy clerk" in the present fourth sentence, and deleted "but not limited to" preceding "health insurance" in the sixth sentence.

Amendments--2007 (Adj. Sess.). Inserted "or she" following "he" twice in the first sentence and "or her" following "his" in the third sentence and added the present fourth and fifth sentences.

Amendments--1973. Provided for appointment of deputy clerks and added reference to employment benefits.

ANNOTATIONS

Analysis

1. Appointment.
2. Signing documents.

1. Appointment.

Assistant judges do not have authority to appoint deputy county clerk. 1946-48 Op. Atty. Gen. 382.

2. Signing documents.

Deputy clerk has all the power of the clerk to sign a writ of possession. Corinth v. Locke, 62 Vt. 411, 20 A. 809 (1890).

Deputy clerk of county court has authority to sign writs returnable to that court. Johnson v. Nash, 20 Vt. 40 (1847).

Where clerk of county court by mistake signed writ returnable to that court as "deputy clerk," he was allowed to amend, after plea in abatement filed, by annexing to his signature the word "Clerk." Johnson v. Nash, 20 Vt. 40 (1847).

Cited. , 1962-64 Op. Atty. Gen. 391.

§ 177. Certification of election and qualification of officers.

Upon request, a county clerk shall certify under seal to the election or appointment of officers or magistrates, certificates of whose election or appointment and of having taken the oath of office, when such oath is required, have been filed with him or her as provided by law.

History

Source. V.S. 1947, § 3440. P.L. § 3364. G.L. § 3873. P.S. § 3373. V.S. § 2927. 1894, No. 162 , § 2867.

§ 178. Record of sheriff's commission; copies; evidence.

The county clerk shall record, in a book kept for that purpose, sheriffs' commissions with the oath of office indorsed thereon. In case of loss or destruction of an original commission or recognizance, a certified copy of the record may be used in court as evidence of the facts therein contained.

Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 172.

History

Source. V.S. 1947, § 3441. P.L. § 3365. G.L. § 3875. P.S. § 3375. V.S. § 2929. R.L. § 2606. 1864, No. 38 .

Amendments--2009 (Adj. Sess.) Substituted "the county" for "such" preceding "clerk shall record" and deleted "and recognizances taken by the judges of the superior court, out of court, for the appearance of criminals confined in jail" following "indorsed thereon" in the first sentence.

Amendments--1973 (Adj. Sess.). Substituted "superior court" for "county court".

§ 179. Repealed. 1969, No. 282 (Adj. Sess.), § 14.

History

Former § 179. Former § 179 related to record of appointment and bond of a chief of police and was derived from V.S. 1947, § 3442; P.L. § 3366; G.L. § 3876; P.S. § 3376; 1904, No. 80 , § 4.

§ 180. Claim; clerk to draw orders.

Claims against a county shall be examined and allowed by the assistant judges, unless other provision is made by law. A statement of each claim with the amount allowed shall be certified by them to the county clerk, who shall draw an order therefor upon the county treasurer.

History

Source. V.S. 1947, § 3444. P.L. § 3368. 1933, No. 157 , § 3138. G.L. § 3829. P.S. § 3333. V.S. § 2888. R.L. § 2566. G.S. 11, § 4. 1860, No. 46 , § 1.

ANNOTATIONS

Analysis

1. Valid claims.
2. Negotiability of orders.

1. Valid claims.

Order drawn by the judges of the county court in payment for labor and materials used in repairs and improvements of county buildings, where work done was necessary, and expenditures therefor were proper, judicious, and necessarily incurred, and were made on buildings in existence, and of which county was owner, constitutes valid claim against county. Campbell v. County of Franklin, 27 Vt. 178 (1855).

2. Negotiability of orders.

Order drawn by judges of county court upon county treasurer, payable to order of person in whose favor it is drawn, is not negotiable so as to enable endorsee to maintain an action on it in his own name. Hyde v. County of Franklin, 27 Vt. 185 (1855).

§ 181. Settlements; record; filing.

Such clerk shall keep on file in his or her office the statements furnished him or her by the assistant judges, upon which he or she has drawn orders, and shall keep a record of such orders, within the number of each, its date, amount, to whom payable, and for what purpose drawn. He or she shall also preserve and keep on file the claims, accounts, or vouchers for which such orders were drawn.

History

Source. V.S. 1947, § 3445. P.L. § 3369. 1933, No. 157 , § 3139. G.L. §§ 3874, 3878. P.S. §§ 3374, 3378. V.S. §§ 2928, 2931. R.L. §§ 2605, 2608. G.S. 11, §§ 5, 6. G.S. 12, § 71. 1860, No. 46 , §§ 2, 3. R.S. 11, § 63. 1825, No. 1 , § 13. R. 1797, p. 581, § 7. 1794, p. 120. 1791, p. 21.

§ 182. Repealed. 2009, No. 154 (Adj. Sess.), § 238.

History

Former § 182. Former § 182, relating to the 1973, No. 193 (Adj. Sess.), § 3, was derived from V.S. 1947, § 3446; 1947, No. 202 , § 3468; P.L. § 3370; G.L. § 3879; 1915, No. 1 , § 200; 1908, No. 196 , § 1. P.S. § 6206; 1902, No. 153 , §§ 1, 8; V.S. § 5358. 1882, No. 102 , §§ 1, 2; R.L. §§ 4501, 4502; 1880, No. 28 , §§ 1, 2 and amended by 1959, No. 328 (Adj. Sess.), § 23; 1983, No. 195 (Adj. Sess.), § 5(b).

§ 183. Repealed. 2019, No. 178 (Adj. Sess.), § 27, eff. October 1, 2020.

History

Former § 183. Former § 183, relating to certificate of appointment of notary public, was derived from 2009, No. 154 (Adj. Sess.), § 173.

§ 184. Processing of passport applications.

The county clerk shall, if so directed by the assistant judges, accept and process applications for U.S. passports pursuant to memorandums of understanding entered into under 4 V.S.A. § 691 .

Added 2011, No. 1 , § 11, eff. February 2, 2011.

Subchapter 3. County Treasurer

§ 211. Appointment; vacancy.

Biennially, on February 1, the assistant judges shall appoint a treasurer for the county who shall hold office for two years and until his or her successor is appointed and qualified. If the treasurer dies or in the opinion of the assistant judges becomes disqualified, they may appoint a treasurer for the unexpired term. If the treasurer has his or her duties suspended as a condition of release pending trial for violating 13 V.S.A. § 2537 , the assistant judges of the county shall appoint a person to perform the duties of the treasurer until the charge of violating 13 V.S.A. § 2537 is resolved. If the assistant judges cannot agree upon whom to appoint, the Auditor of Accounts shall make the appointment.

Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2007, No. 169 (Adj. Sess.), § 4; 2009, No. 154 (Adj. Sess.), § 174.

History

Source. V.S. 1947, § 3447. P.L. § 3371. G.L. §§ 3880, 3881. 1915, No. 1 , § 113. P.S. §§ 3379, 3380. V.S. §§ 2933, 2934. 1884, No. 148 . R.L. §§ 2609, 2610. G.S. 12, §§ 89, 90. R.S. 11, §§ 71, 72. 1800, p. 16. 1791, p. 14. R. 1787, p. 43.

Amendments--2009 (Adj. Sess.) Deleted "of the superior court" following "assistant judges" in the first sentence, and substituted "the treasurer" for "such treasurer" in the second sentence.

Amendments--2007 (Adj. Sess.). In the first sentence, inserted "or her" following "his" and added the present third and fourth sentences.

Amendments--1973 (Adj Sess.). Substituted "superior court" for "county court".

Law review commentaries

Law review. For note relating to powers and role of side judges in the legislative and judicial branches of government, see 10 Vt. L. Rev. 321 (1985).

§ 212. Bond.

Before entering upon the duties of his or her office, a county treasurer shall become bound to the county in the sum of $5,000.00, with sufficient sureties, by way of recognizance, before the assistant judges, or give a bond to the county executed by principal and sureties in like sum to be approved by the assistant judges, conditioned for the faithful performance of his or her duties. The recognizance or bond shall be lodged with and recorded by the county clerk and renewed annually in the month of February.

Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 175.

History

Source. V.S. 1947, § 3448. P.L. § 3372. 1933, No. 157 , § 3142. G.L. § 3882. P.S. § 3381. 1902, No. 157 , § 1. V.S. § 2935. R.L. § 2611. G.S. 12, § 91. R.S. 11, § 73. 1800, p. 17.

Amendments--2009 (Adj. Sess.) Inserted "or her" following "his" in two places and substituted "the assistant judges" for "two of the judges of the superior court" in two places in the first sentence, and rewrote the former second and third sentences as the present second sentence.

Amendments--1973 (Adj. Sess.). Substituted "superior court" for "county court".

§ 213. Accounts; disbursements.

The treasurer shall keep proper entries of monies received and paid out, under appropriate accounts, so that the revenue of the county and the disbursements shall appear in detail. No money shall be paid out of the county treasury except upon the order of the county clerk.

History

Source. V.S. 1947, § 3449. P.L. § 3373. 1933, No. 157 , § 3143. G.L. §§ 3883, 3895. P.S. §§ 3382, 3394. V.S. §§ 2936, 2948. R.L. §§ 2612, 2624. G.S. 11, §§ 4, 6. G.S. 12, § 92. 1860, No. 46 , §§ 1, 3. R.S. 11, § 74. 1800, p. 17.

§ 214. Care of lands in unorganized towns and gores; lease lands.

The treasurer shall have the care of the lands in unorganized towns and gores in the county, granted as glebes, lands granted to the use of the ministry or the social worship of God, lands granted to the first settled minister, and lands granted or reserved for the use or support of schools, until such towns or gores are organized, but this section shall not affect a lease or contract respecting such lands made under previous law.

Amended 2017, No. 74 , § 64.

History

Source. V.S. 1947, § 3450. P.L. § 3374. G.L. § 3884. P.S. § 3383. V.S. § 2937. R.L. § 2613. G.S. 97, §§ 6, 7. 1852, No. 58 , § 1.

Amendments--2017. Section heading: Inserted "Care of" preceding "lands in".

§ 215. Lands in unorganized towns and gores; power to sue and defend actions.

During the time the towns or gores described in section 214 of this subchapter remain unorganized, the treasurer may commence and prosecute or defend in the name of the county any action necessary to recover or protect the possession of such lands or to recover damages for trespass committed thereon.

Amended 2017, No. 74 , § 65.

History

Source. V.S. 1947, § 3451. P.L. § 3375. G.L. § 3885. P.S. § 3384. V.S. § 2938. R.L. § 2614. G.S. 97, § 8. 1852, No. 58 , § 2.

Amendments--2017. Section amended generally.

§ 216. Lands in unorganized towns and gores; rents.

The treasurer may lease the lands described in section 214 of this subchapter in such manner as he or she judges beneficial, reserving rents for the same, which shall annually be paid into the treasury of the county, until the town or gore in which the lands lie is organized. Thereafter the rents shall be paid into the treasury of the town in which the lands lie.
Lands granted to the first settled minister shall not be leased at any one time for a longer period than five years, or until a minister is settled who is entitled to the same.
Amended 2017, No. 74 , § 66.

History

Source. V.S. 1947, § 3452. P.L. § 3376. G.L. § 3886. P.S. § 3385. V.S. § 2939. R.L. § 2615. G.S. 97, § 9. 1852, No. 58 , § 3.

Amendments--2017. Rewrote the section heading; added the subsec. (a) and (b) designations; and substituted "The treasurer may lease the lands described in section 214 of this subchapter" for "He or she may lease such lands" in the first sentence of subsec. (a).

ANNOTATIONS

1. Effect of attempted conveyances.

Conveyances in fee of our public lands, when statute authorizes only leases reserving rent, are void as conveyances, though they may operate as licenses to enter, and, if they contain a sufficient description, they give color of title. Capen's Adm'r v. Sheldon, 78 Vt. 39, 61 A. 864 (1905).

§ 217. Disposal of rents of lands in unorganized towns and gores.

When paid into the county treasury, the rents described in section 216 of this subchapter shall be disposed of as other funds in the treasury.

Amended 2017, No. 74 , § 67.

History

Source. V.S. 1947, § 3453. P.L. § 3377. G.L. § 3887. P.S. § 3386. V.S. § 2940. R.L. § 2616. 1872, No. 59 . G.S. 97, § 10. 1852, No. 58 , § 4.

Amendments--2017. Section amended generally.

§ 218. Rents for county property.

The county treasurer shall collect rents due from persons holding county property by lease or otherwise.

History

Source. V.S. 1947, § 3454. P.L. § 3378. 1933, No. 157 , § 3148. G.L. §§ 3851, 3888. P.S. §§ 3351, 3387. 1900, No. 41 , § 1. V.S. §§ 2906, 2941. R.L. §§ 2584, 2617. G.S. 11, §§ 11, 12, 14. R.S. 10, §§ 5, 6, 8. 1802, p. 147.

§ 219. Treasurer to levy tax to meet execution.

When demand is made of a county treasurer for the payment of an execution against the county and there are not funds in the treasury sufficient to satisfy such execution, such treasurer shall forthwith issue the certified statement required by 32 V.S.A. § 4965 and shall issue warrants to the several treasurers of the towns for the collection of a tax sufficient to pay such execution, the charges thereon, 12 percent interest, and other incidental expenses, returnable within 60 days from the date of such warrants.

History

Source. V.S. 1947, § 3455. 1947, No. 202 , § 3477. P.L. § 3379. 1933, No. 157 , § 3149. G.L. § 3889. 1912, No. 42 , § 15. P.S. § 3388. V.S. § 2942. R.L. § 2618. G.S. 85, § 12. R.S. 78, § 9. R. 1797, p. 302, § 7.

Cross References

Cross references. Collection of State and county taxes, see 32 V.S.A. § 4731 et seq.

§ 220. Tax warrant; payment by town.

Each town treasurer shall present the warrant described in section 219 of this subchapter to the selectboard, which shall, within the time required by the warrant, draw an order on the town treasury for the amount of such warrant and that treasurer shall forthwith pay the county treasurer the amount of such order, which amount shall be assessed by the selectboard as a tax upon the grand list of the town unless otherwise provided for.

Amended 2017, No. 74 , § 68.

History

Source. V.S. 1947, § 3456. P.L. § 3380. 1933, No. 157 , § 3150.

2016. Substituted "selectboard" for "selectmen" in two places in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

Amendments--2017. Section amended generally.

§ 221. Annual statement; penalty.

Annually, on or before February 5, a county treasurer shall make settlement with the county auditor and deliver to the assistant judges of the county a statement of his or her accounts for the year ending on January 31 preceding, exhibiting the orders accepted by him or her, giving the number, date, amount, and payee of each, the amount and source of revenue of the county and each item thereof, the orders paid by him or her, giving the number, date, and amount of each, to whom made payable and for what purpose drawn, the amount of interest paid thereon, the amount of indebtedness of the county, with a copy of the abstract of orders outstanding and unpaid at the commencement of such year, and the orders accepted by him or her during such year.
A county treasurer who fails to comply with a provision of this section, or who knowingly makes a false return, shall be fined not more than $500.00.

History

Source. V.S. 1947, § 3457. P.L. § 3381. G.L. § 3892. 1915, No. 1 , § 114. P.S. § 3391. V.S. § 2945. 1884, No. 149 . R.L. § 2621. 1880, No. 117 , § 1. G.S. 11, § 7. 1860, No. 46 , § 4.

2016. Added the subsec. (a) and (b) designations.

§ 222. Neglect to settle; penalty.

A treasurer who refuses or neglects to settle with the auditor, after being notified, shall be fined $20.00, and a like sum for each month's refusal or neglect thereafter.

History

Source. V.S. 1947, § 3458. P.L. § 3382. G.L. § 3898. 1917, No. 254 , § 3849. P.S. § 3397. V.S. § 2951. R.L. § 2627. G.S. 12, § 95. R.S. 11, § 77. R. 1797, p. 582, § 12. 1793, p. 53.

§ 223. Statement compared, corrected, and filed.

The assistant judges shall compare such statement with the record of the county clerk of orders drawn upon the treasurer for such year, and after correcting errors therein shall cause the same to be recorded in the office of the county clerk.

History

Source. V.S. 1947, § 3459. P.L. § 3383. G.L. § 3893. P.S. § 3392. V.S. § 2946. R.L. § 2622. G.S. 11, § 8, 1860, No 46, § 5.

§ 224. Annual reports; publication; penalty.

Within 14 days after the receipt of such statement, the assistant judges shall publish annually such a summary as will show the source and amount of the income of the county, the items and amount of expenditures by the treasurer for the year, together with the indebtedness of the county, and such other facts as to the financial condition of the county as they deem important. Such publication shall be made in not more than three newspapers in the county, or if a newspaper is not published in the county, in some newspaper having general circulation therein.
An assistant judge who fails to comply with a provision of this section shall be fined not more than $500.00.
Amended 1991, No. 186 (Adj. Sess.), § 35, eff. May 7, 1992.

History

Source. V.S. 1947, § 3460. 1947, No. 202 , § 3482. 1943, No. 36 , § 1. P.L. § 3384. 1933, No. 157 , § 3154. G.L. § 3894. 1912, No. 117 . P.S. § 3393. 1904, No. 73 , § 1. V.S. § 2947. R.L. § 2623. 1880, No. 117 , § 2. G.S. 11, § 9. 1860, No. 46 , § 6.

2016. Added the subsec. (a) and (b) designations.

Amendments--1991 (Adj. Sess.). Deleted "and the judges shall send to the commissioner of taxes, as soon as prepared, a copy of the statement as published" following "circulation therein" in the second sentence and substituted "an assistant" for "a" preceding "judge" in the third sentence.

Subchapter 4. County Auditor

§ 261. County financial audit.

Biennially, all of the accounts of the county treasurer, including any reserve funds, shall be subject to a financial audit conducted according to the generally accepted government accounting standards as established by the federal government accounting office. The audit shall be performed by a public accountant regulated under Title 26 and shall be conducted within four months after the close of the fiscal year being audited. The accountant's report shall be accompanied by a management letter containing findings and recommendations.
The assistant judges shall enter into a contract with a public accountant to perform the audits required by this section. The assistant judges may enter into a multiple year contract under this section, provided that the person to whom a contract is awarded is selected by use of an open request for proposals process.
Added 1997, No. 107 (Adj. Sess.), § 2, eff. Jan. 1, 1999.

History

Source. V.S. 1947, § 3461. P.L. § 3385. 1933, No. 157 , § 3155. G.L. § 3896. 1915, No. 1 , § 115. P.S. § 3395. V.S. § 2949. 1884, No. 148 . R.L. § 2625. 1872, No. 59 . G.S. 12, §§ 93, 94. R.S. 11, §§ 75, 76. R. 1797, p. 582, § 11. 1793, p. 52.

Amendments--1997 (Adj. Sess.). Substituted the present section heading for "Appointment; duty", and substituted subsecs. (a) and (b) for the former language which read "Biennially, on February 1, the assistant judges shall appoint a county auditor who shall audit the accounts of the county treasurer. Such auditor shall hold office for two years and until his successor is appointed and has qualified.".

Law review commentaries

Law review. For note relating to powers and role of side judges in the legislative and judicial branches of government, see 10 Vt. L. Rev. 321 (1985).

§ 262. Repealed. 1997, No. 107 (Adj. Sess.), § 4, eff. Jan. 1, 1999, pursuant to 1997.

History

Former § 262. Former § 262, relating to transfer of books and report on state of treasury, was derived V.S. 1947, § 3462; P.L. § 3386; G.L. § 3897; P.S. § 3396; V.S. § 2950; R.L. § 2626; G.S. 12, § 93; R.S. 11, § 75; R. 1797, p. 582, § 11; 1793, p. 52.

Subchapter 5. Sheriffs

Cross References

Cross references. Claims against sheriffs and deputy sheriffs, see 3 V.S.A. § 1101 et seq.

Exemption of law enforcement officers from security guard licensure requirements, see 26 V.S.A. § 3174.

Service of process by sheriffs and deputy sheriffs, see 12 V.S.A. § 691 et seq.

§ 290. County sheriff's department.

A sheriff's department is established in each county. It shall consist of the elected sheriff in each county, and such deputy sheriffs and supporting staff as may be appointed by the sheriff. Full-time employees of the sheriff's department, paid by the county, shall be county employees for all purposes but shall be eligible to join the State Employees Retirement System, provided the county shall pay the employer's share. The sheriff's department shall be entitled to utilize all State services available to a town within the county.
Full-time deputy sheriffs whose primary responsibility is transportation of prisoners and persons with a mental condition or psychiatric disability shall be paid by the State of Vermont. The appointment of such deputies and their salary shall be approved by the Governor or his or her designee. The Executive Committee of the Vermont Sheriffs Association and the Executive Director of the Department of State's Attorneys and Sheriffs shall jointly have authority for the assignment of position locations in the counties of State-paid deputy sheriffs and shall review the county location assignments periodically for efficient use of resources.
Equity, indebtedness, ownership of equipment, and title to motor vehicles associated with the operation of each sheriff's department and purchased with department funds shall be held in the name of the department, not in the name of the sheriff. The department is constituted as a legal entity with the power to contract and incur liabilities.
Upon the election of a sheriff-elect who is not the incumbent sheriff, or upon notice of the resignation of the sheriff, all financial disbursements from the accounts of the department, including the transfer of real or personal property, or other assets, of the department shall be co-signed by the sheriff and the assistant judges. A report of all financial disbursements or transfers made pursuant to this subsection shall be forwarded by the assistant judges to the Auditor of Accounts within 15 days of completion of the out-going sheriff's duties.
Added 1977, No. 218 (Adj. Sess.), § 1; amended 1987, No. 262 (Adj. Sess.), § 3; 1991, No. 257 (Adj. Sess.), § 4; 2009, No. 157 (Adj. Sess.), § 4; 2013, No. 96 (Adj. Sess.), § 149.

History

Amendments--2013 (Adj. Sess.). Subsec. (b): Substituted "persons with a mental condition or psychiatric disability" for "mentally ill persons" following "prisoners and" in the first sentence.

Amendments--2009 (Adj. Sess.) Subsec. (b): Inserted "or her" following "his" in the second sentence and added the third sentence.

Amendments--1991 (Adj. Sess.). Subsec. (d): Added.

Amendments--1987 (Adj. Sess.). Subsec. (c): Added.

ANNOTATIONS

1. Administration and control.

A sheriff is a statutory employee of the county in which he protects via 24 V.S.A. § 290, but many of the sheriff's functions and administration are handled outside the county; sheriffs are elected by the freemen of their districts, can only be removed from office through impeachment by the Vermont State Legislature, the State sets the sheriff's salary, and the office of sheriff is created by the Vermont Constitution. Frank v. United States, 860 F. Supp. 1030 (D. Vt. 1994), rev'd, in part, on other grounds, 78 F.3d 815 (2d Cir. 1996).

Cited. McLaughlin v. State, 161 Vt. 492, 642 A.2d 683 (1994); Huminski v. Corsones, 386 F.3d 116 (2d Cir. 2004).

Cross References

Cross references. County support of sheriff's department, see § 73 of this title.

Election of sheriffs, see Vt. Const. Ch. II, §§ 43, 50 and 53.

Fees of sheriff's departments, see 32 V.S.A. § 1591 et seq.

Salaries of sheriffs, see 32 V.S.A. § 1182.

§ 290b. Audits.

[Repealed.]
The Auditor of Accounts shall adopt and sheriffs shall comply with a uniform system of accounts, controls, and procedures for the sheriff's department, which accurately reflects the receipt and disbursement of all funds by the department, the sheriff, and all employees of the department. The uniform system shall include:
1. requirements for written financial records and books;
2. procedures for the recording of all financial transactions and the maintenance of such records;
3. procedures to ensure proper documentation to ensure that all disbursement transactions are properly supported, approved, and recorded;
4. procedures to ensure that all receipts are properly supported and recorded;
5. procedures to ensure that bank receipt and disbursement accounts are reconciled on a timely basis;
6. procedures for the preparation of an annual set of financial reports which accurately reflects the financial transactions and condition of the department;
7. procedures to ensure that all payments for services performed by the sheriff, deputy sheriffs, or other employees of the department rendered by virtue of their office are made to the sheriff's department;
8. procedures and controls which identify revenues received from public entities through appropriations or grants from the federal, State, or local governments from revenues received through contracts with private entities; and
9. other procedures and requirements as the Auditor of Accounts deems necessary.
The Auditor of Accounts and his or her designee may at any time examine the records, accounts, books, papers, contracts, reports, and other materials of the county sheriff departments as they pertain to the financial transactions, obligations, assets, and receipts of that department. The Auditor or his or her designee shall conduct an audit of the accounts for a sheriff's department whenever the incumbent sheriff leaves office, and the auditor shall charge for the costs of the report pursuant to 32 V.S.A. § 168(b) .
Annually, each sheriff shall furnish the Auditor of Accounts on forms provided by the Auditor a financial report reflecting the financial transactions and condition of the sheriff's department. The sheriff shall submit a copy of this report to the assistant judges of the county. The assistant judges shall prepare a report reflecting funds disbursed by the county in support of the sheriff's department and forward a copy of their report to the Auditor of Accounts. The Auditor of Accounts shall compile the reports and submit one report to the House and Senate Committees on Judiciary. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the required report to be made under this subsection.
Biennially, according to a schedule established by the Auditor of Accounts, the Auditor shall retain a public accountant to conduct an audit of the financial systems, controls, and procedures within each department. The public accountant shall prepare a written report detailing the review of the department. A copy of this report shall be forwarded to the sheriff, assistant judges, and the Auditor of Accounts. The Auditor shall charge for the costs of the report pursuant to 32 V.S.A. § 168(b) .
Amended 1991, No. 257 (Adj. Sess.), § 3, eff. July 1, 1993; 1993, No. 60 , § 55a; 2011, No. 139 (Adj. Sess.), § 18, eff. May 14, 2012; 2015, No. 131 (Adj. Sess.), § 5; 2019, No. 154 (Adj. Sess.), § E.130.1, eff. Oct. 2, 2020.

History

Amendments--2019 (Adj. Sess.). Subsec. (c): Added ", and the auditor shall charge for the costs of the report pursuant to 32 V.S.A. § 168(b)" at the end of the last sentence.

Subsec. (e): Subsection amended generally.

Amendments--2015 (Adj. Sess.). Subsec. (d): Added the fifth sentence.

Amendments--2011 (Adj. Sess.). Rewrote the section heading.

Subsec. (a): Repealed.

Subsec. (d): Substituted "house and senate committees on judiciary" for "general assembly" in the last sentence.

Amendments--1993. Subsec. (e): Inserted "auditor of accounts" following "administration" in the fourth sentence.

Amendments--1991 (Adj. Sess.). Subsec. (a): Inserted "and to the assistant judges for filing with the county clerk" preceding "on forms" in the first sentence.

Subsec. (b): Amended generally.

Subsec. (c): Added.

Subsec. (d): Added.

Subsec. (e): Added.

Amendments--1987 (Adj. Sess.). Subsec. (b): Substituted "adopt and sheriffs shall comply with" for "promulgate" preceding "a uniform" in the first sentence, inserted "reflecting funds received and disbursed by the department" following "prescribed accounts" in the third sentence, and added the fourth through seventh sentences.

Amendments--1987. Subsec. (a): Amended generally.

Subsec. (b): Inserted "full-time" preceding "deputy" and substituted "offices" for "office" following "virtue of their" in the first sentence, inserted "or her" preceding "authorized" in the second sentence, and substituted "the auditor" for "him" preceding "the prescribed" in the third sentence.

Amendments--1983 (Adj. Sess.). Subsec. (a): Inserted "and information support" following "finance" in the first sentence.

§ 291. Bond; oath.

Before entering upon the duties of his or her office, a sheriff shall become bound to the treasurer of the county in the sum of $100,000.00, with two or more sufficient sureties by way of recognizance, before the two assistant judges in such county, or give a bond to the treasurer executed by such sheriff with sufficient sureties in like sum to be approved by the two assistant judges, conditioned for the faithful performance of his or her duties and shall take the oath of office before one of the judges, who shall certify the same on the sheriff's commission. Such recognizance or bond and the commission shall be forthwith recorded in the office of the county clerk.

Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1991, No. 257 (Adj. Sess.), § 1; 2009, No. 154 (Adj. Sess.), § 176.

History

Source. V.S. 1947, § 3463. 1947, No. 202 , § 3485. P.L. § 3387. 1933, No. 157 , § 3157. G.L. §§ 3837, 3839. 1915, No. 1 , § 110. P.S. §§ 3341, 3343. 1906, No. 64 , § 1. 1902, No. 157 , § 1. V.S. §§ 2896, 2898. R.L. §§ 2574, 2576. G.S. 12, §§ 1, 2, 3. 1854, No. 19 . 1852, No. 21 . 1850, No. 62 , § 1. R.S. 11, § 3. R. 1797, p. 134, § 1. R. 1787, p. 138.

Amendments--2009 (Adj. Sess.) Inserted "or her" following "his" in two places, deleted "a justice of the supreme court or" preceding "the two assistant judges" and "of the superior court" thereafter, and "a justice of the supreme court or by" following "approved by" and "of the superior court" preceding "of the superior court" and substituted "the judges" for "such judges" in the first sentence.

Amendments--1991 (Adj. Sess.). Substituted "$100,000.00" for "$10,000.00" in the first sentence.

Amendments--1973 (Adj. Sess.). Substituted "superior court" for "county court".

Cross References

Cross references. Action on bond of sheriff, see 12 V.S.A. § 5246 et seq.

County to provide sheriff with adequate bond, see § 73 of this title.

Oath of allegiance and oath of office, see Vt. Const. Ch. II, § 56.

ANNOTATIONS

1. Constitutionality.

Act requiring that sheriff, before entering upon duties of his office, shall become bound, by way of recognizance, with surety, before the chief judge of the county court, or (in case of his absence or death) before one of the assistant judges, is constitutional and valid, though the Constitution provides that said recognizance shall be taken by the chief judge only. State Treasurer v. Kelsey, 4 Vt. 371 (1832).

§ 291a. Contracts.

In the name of the sheriff's department, the sheriff may enter into written contracts with the State of Vermont, an agency of the United States, one or more towns within or without the county, or any nongovernmental entity, to provide law enforcement or other related services including security services, central dispatching for police, fire, or ambulance services, and centralized support services. Contracts between the sheriff's department and a town shall be valid if approved by the sheriff and by a majority of the selectboard of the town provided that funding has been approved by a duly warned annual or special town meeting. Deputy sheriffs engaged in the performance of a contract shall be considered employees of the sheriff's department for all purposes, except that for purposes of determining eligibility for Social Security, employees under this section shall be considered county employees, provided however that the sheriffs' departments shall be responsible for employers' contributions.
A contract made with a town to provide law enforcement or related services shall contain provisions governing the following subjects as best suit the needs of the parties:
1. the services to be provided, including State statutes or town ordinances, or both, which are to be enforced;
2. rates of compensation, allocation of expenses, total cost of contract, and methods of payment therefor;
3. ownership of any property acquired under the contract in event of termination of the contract;
4. the type, frequency, and information to be contained in reports submitted by the sheriff's department to the town;
5. methods adopted to resolve disputes;
6. the term of the contract shall specify the commencement and termination date of the services to be provided and provisions for renewal thereof; and
7. such other items, not inconsistent with law, as may be agreed upon.
A contract under this section may contain provisions for compensation to the sheriff for administration of the contract and related services. No compensation may be paid to a sheriff for administration of the contract or related services unless the contract sets forth in writing the rate or method of calculation for the compensation and a schedule of payment; provided that a sheriff's compensation for administration shall not exceed five percent of the contract. A sheriff's rate of compensation shall be at a rate equivalent to other employees of the department who provide similar services under the contract. Compensation to the sheriff shall be made in accordance with the schedule set forth in the contract but in no event may a sheriff be compensated for administration of the contract and related services unless the compensation is made in the same calendar year in which the revenue was received by the department under the contract.
An agreement or contract for services between a sheriff's department and governmental or nongovernmental entity shall be in writing if the total cost of the contract or agreement exceeds $2,000.00 or the duration of the services provided exceeds ten working days or if the cumulative total of the contracts or agreements entered into by the sheriff's department and the same governmental or nongovernmental entity exceeds $2,000.00 or ten working days within a calendar year. Annually, the sheriff shall submit to the assistant judges for filing with the county clerk a report of all written contracts, categorized by the contracting party, services rendered, date of contract, and amount received.
Each sheriff's department shall establish a procedure for all purchase contracts entered into by the department. The procedure shall be established in writing, filed with the assistant judges, and made available for public review. The written procedure shall also be forwarded to the Auditor of Accounts for use in the conduct of audits required under this chapter.
Added 1977, No. 218 (Adj. Sess.), § 2; amended 1987, No. 121 , § 10; 1991, No. 257 (Adj. Sess.), § 2.

History

2016. In subsec. (a), in the first sentence deleted ", but not limited to," following "including" in accordance with 2013, No. 5 , § 4.

In subsec. (a), in the second sentence, substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

Amendments--1991 (Adj. Sess.). Added subsecs. (c)-(e).

Amendments--1987. Subsec. (a): Rewrote the third sentence.

§ 292. Office vacant.

When such sheriff neglects to become so bound within 15 days from the beginning of his or her term of office, the office of sheriff shall be vacant.

History

Source. V.S. 1947, § 3464. P.L. § 3388. 1933, No. 157 , § 3158. G.L. § 3838. P.S. § 3342. V.S. § 2897. R.L. § 2575. G.S. 12, § 2. 1854, No. 19 , § 1. 1850, No. 62 , § 1.

§ 293. Duties.

A sheriff so commissioned and sworn shall serve and execute lawful writs, warrants, and processes directed to him or her, according to the precept thereof, and do all other things pertaining to the office of sheriff.

History

Source. V.S. 1947, § 3465. P.L. § 3389. G.L. § 3840. P.S. § 3344. V.S. § 2899. R.L. § 2577. G.S. 12, § 4. R.S. 11, § 4. R. 1797, p. 134, § 2. R. 1787, p. 139.

Cross References

Cross references. Collection of unpaid taxes by sheriff, see 32 V.S.A. § 5139.

Duty to assist health officer or board of health, see 18 V.S.A. § 617.

Duty to enforce liquor laws, see 7 V.S.A. § 659.

Service of process by sheriff, see 12 V.S.A. § 691 et seq.

ANNOTATIONS

Analysis

1. Arrest without warrant.
2. Writ of execution.

1. Arrest without warrant.

A sheriff is justified, without a warrant, in pursuing and arresting one whom he has reasonable cause to suspect of the commission of a felony. In re Huard, 125 Vt. 189, 212 A.2d 640 (1965).

2. Writ of execution.

Where person granted writ of execution gives constable the writ and specific instructions concerning the levy and what to levy upon, person granted the writ has the burden of proving constable was not influenced by the instructions where he claims failure or refusal to levy, and absent such a showing the constable is fully exonerated unless dereliction in performance of duty imposed by the limiting instructions is shown. Dowlings, Inc. v. Mayo, 137 Vt. 548, 409 A.2d 588 (1979).

Where law enforcement officer received writ of execution and letter stating writ should be served at named person's restaurant and if he refused to pay the writ should be satisfied from the receipts in the cash register of the restaurant, the officer had only a duty to levy pursuant to the letter and court trying action against officer for failure and refusal to satisfy the writ erroneously found that officer had duty to levy against such goods, chattels, and lands of debtor as he could find or levy upon the cash in the cash register. Dowlings, Inc. v. Mayo, 137 Vt. 548, 409 A.2d 588 (1979).

Where a judgment creditor informs the levying officer of existence and location of assets known to the creditor and gives the officer no further instructions, the officer must levy upon those assets or upon others; but where creditor gives officer specific instructions as to manner of levy and items to be seized, the officer must follow those directions when they are not in conflict with the law, and he is not bound to serve the writ in any other manner and ceases to be a public officer and becomes a private agent. Dowlings, Inc. v. Mayo, 137 Vt. 548, 409 A.2d 588 (1979).

Where plaintiff instructed defendant constable to levy against cash register receipts should person against whom execution was directed refuse to pay, plaintiff was not, in action claiming constable refused and failed to levy, entitled to mandamus commanding constable to levy against the goods, chattels, and lands of the person named in the execution, or against cash register receipts, as plaintiff had limited the duty of constable by limiting the levy instructions. Dowlings, Inc. v. Mayo, 137 Vt. 548, 409 A.2d 588 (1979).

Where plaintiff claiming failure and refusal to levy execution directed a levy upon cash register receipts should person levied against fail to pay, and in action against constable plaintiff failed to show there existed money in the cash register which belonged to person named in the writ and which could be levied against, constable could not be found in breach of his duty and mandamus would not be issued ordering him to serve the execution, nor was plaintiff entitled to damages. Dowlings, Inc. v. Mayo, 137 Vt. 548, 409 A.2d 588 (1979).

Where mandamus mandated that sheriff "and/or" constable serve writ of execution it was not specifically mandated, but directed to two persons in the alternative, and was not a clear order to a specific person and was in error. Dowlings, Inc. v. Mayo, 137 Vt. 548, 409 A.2d 588 (1979).

Cited. State v. Oren, 162 Vt. 331, 647 A.2d 1009 (1994); Huminski v. Rutland County Sheriff's Department, 211 F. Supp. 2d 520 (D. Vt. 2002).

Law review commentaries

Law review. Post-judgment executions in Vermont and sheriff's liability, see 2 Vt. L. Rev. 117 (1977).

§ 294. Sheriff imprisoned.

If a sheriff is confined in prison by legal process, his or her functions as sheriff shall be suspended. When the sheriff is released from imprisonment during his or her term of office, he or she shall file a certificate of his or her discharge signed by one of the judges of the Superior Court, in the office of the county clerk, and deliver a like certificate to the high bailiff. Thereupon he or she shall resume the powers and execute the duties of sheriff.

Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 177.

History

Source. V.S. 1947, § 3466. 1947, No. 202 , § 3488. P.L. § 3390. G.L. §§ 3848, 3849. P.S. §§ 3348, 3349. V.S. §§ 2903, 2904. R.L. §§ 2581, 2582. G.S. 12, §§ 32, 33. R.S. 11, §§ 31, 32. 1806, p. 138.

Amendments--2009 (Adj. Sess.) Substituted "the sheriff" for "he" preceding "is released" in the second sentence, and made gender neutral changes throughout the section.

Amendments--1973 (Adj. Sess.). Substituted "superior court" for "county court".

Cross References

Cross references. Service of precepts by deputies when sheriff is imprisoned, see 12 V.S.A. § 692.

§ 295. Repealed. 1971, No. 258 (Adj. Sess.), § 19.

History

Former § 295. Former § 295 relating to criminal process was derived from V.S. 1947, § 3467; P.L. § 3391; G.L. §§ 3841, 3842; 1908, No. 178 , §§ 2, 3 and amended by 1967, No. 368 (Adj. Sess.), § 1.

§ 296. Transportation of prisoners.

All commitments to a State correctional facility or to any other place named by the Commissioner of Corrections or committing court shall be made by any sheriff, deputy sheriff, State Police officer, police officer, or constable in the State, or the Commissioner of Corrections or his or her authorized agent.

Amended 1967, No. 345 (Adj. Sess.), § 18, eff. April 1, 1969; 1969, No. 33 , § 3, eff. April 1, 1969; 1989, No. 187 (Adj. Sess.), § 5; 1995, No. 174 (Adj. Sess.), § 3; 2007, No. 15 , § 19; 2011, No. 79 (Adj. Sess.), § 29a, eff. April 4, 2012.

History

Source. 1951, No. 64 . V.S. 1947, § 3468. P.L. § 3392. 1921, No. 90 , § 1. 1919, No. 93 , § 1. G.L. § 3843. 1917, No. 254 , § 3794. 1915, No. 215 . 1908, No. 178 , § 1.

Amendments--2011 (Adj. Sess.) Deleted "and mental patients" from the section catchline, "or state mental institution" preceding "or to any other place named by the commissioner of corrections" and "commissioner of mental health" thereafter.

Amendments--2007. Substituted "mental health" for "developmental and mental health services" and inserted "or her" following "his".

Amendments--1989 (Adj. Sess.). Inserted "and mental retardation" following "mental health".

Amendments--1969. Section amended generally.

Amendments--1967 (Adj. Sess.). Substituted "a state correctional facility" for "state prison, a house of correction, the Weeks School, the Vermont state hospital".

Amendments--1995 (Adj. Sess.) Substituted "commissioner of developmental and mental health services" for "commissioner of mental health and mental retardation".

§ 296a. Civil liability resulting from escaped prisoner.

A jailer or other officer who, through negligence, suffers a prisoner in his or her custody, convicted of or charged with a crime, to escape, shall be civilly liable to any person proximately damaged as a result thereof to the maximum amount of $500.00. A person so damaged may maintain a civil action therefor.

Added 1977, No. 233 (Adj. Sess.), § 5, eff. April 17, 1978.

§§ 297, 298. Repealed. 1967, No. 345 (Adj. Sess.), § 32, eff. April 1, 1969.

History

Former §§ 297, 298. Former § 297, relating to duties as to county jails, was derived from: V.S. 1947, § 3469; P.L. § 3393; 1933, No. 157 , § 3163; 1929, No. 135 , § 1; G.L. §§ 3850, 7246; P.S. §§ 3350, 6093; 1902, No. 129 , § 1; V.S. §§ 2905, 5278, 5279; 1884, No. 155 , § 1; R.L. §§ 2583, 4434; G.S. 11, § 10; G.S. 12, § 35; G.S. 121, §§ 1, 2; R.S. 10, § 4; R.S. 11, § 39; R.S. 103, §§ 1, 2; R. 1797, p. 136, § 4; R. 1797, p. 317, § 1; 1793, p. 55; R. 1787, p. 76, 141.

Former § 298, relating to monthly reports of prisoners in custody was derived from V.S. 1947, § 3470; P.L. § 3394; 1923, No. 36 , § 2; 1919, No. 93 , § 2.

§ 299. Duties as peace officer.

A sheriff shall preserve the peace, and suppress, with force and strong hand, if necessary, unlawful disorder. He or she may apprehend, without warrant, persons assembled in disturbance of the peace, and bring them before a Criminal Division of the Superior Court, which shall proceed with such person as with persons brought before it by process issued by such court.

Amended 1965, No. 194 , § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 78, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 238.

History

Source. V.S. 1947, § 3471. P.L. § 3395. 1933, No. 157 , § 3168. G.L. § 3853. 1908, No. 62 . P.S. § 3353. V.S. § 2908. R.L. § 2586. G.S. 12, § 10. R.S. 11, § 10. R. 1797, p. 136, § 5. R. 1787, p. 139.

Amendments--2009 (Adj. Sess.) Substituted "criminal division of the superior court" for "district court" in the second sentence.

Amendments--1973 (Adj. Sess.). Deleted "justice or" preceding "district court".

Amendments--1965. Substituted "district court" for "municipal court".

ANNOTATIONS

Cited. McLaughlin v. State, 161 Vt. 492, 642 A.2d 683 (1994).

§ 300. May require assistance.

A sheriff or other officer in the discharge of the duties of his or her office, for the preservation of the peace, or the suppression or prevention of any criminal matter or cause, may require suitable assistance.

History

Source. V.S. 1947, § 3472. P.L. § 3396. 1933, No. 157 , § 3169. G.L. § 3854. P.S. § 3354. V.S. § 2909. 1892, No. 90 , § 1. R.L. § 2587. G.S. 12, § 11. R.S. 11, § 11. R. 1797, p. 137, § 6. R. 1787, p. 139.

ANNOTATIONS

Analysis

1. Authority of sheriff.
2. Duty of citizen.
3. Defenses of citizen.

1. Authority of sheriff.

Sheriff or other officer has no legal authority to command assistance to keep a prisoner, wantonly and from mere caprice. Smith v. Joiner, 1 D. Chip. 62 (1797).

2. Duty of citizen.

Every citizen is bound to assist a known officer in making an arrest when called upon so to do, nor is he bound to inquire into the regularity or legality of the process in the hands of the officer. McMahan v. Green, 34 Vt. 69 (1861).

3. Defenses of citizen.

Where defendant, at request of officer, assisted in making an illegal arrest, the request of the officer was a full justification to the defendant, and he was not liable for false imprisonment in assisting in making the arrest. McMahan v. Green, 34 Vt. 69 (1861).

§ 301. Penalty for refusal to assist.

A person being required in the name of the State by a sheriff, deputy sheriff, high bailiff, deputy bailiff, or constable, who neglects or refuses to assist the officer in the execution of his or her office, in a criminal cause, in the preservation of the peace, in the apprehension and securing of a person for a breach of the peace, in a search and seizure of alcohol as defined in 7 V.S.A. § 2 or in transporting the alcohol when seized, or in a case of escape or rescue of persons arrested on civil process, shall be fined not more than $500.00, unless the circumstances under which his or her assistance is called for amount to a riot, in which case he or she shall be imprisoned not more than six months or fined not more than $100.00, or both.

Amended 2017, No. 83 , § 157.

History

Source. V.S. 1947, § 3473. P.L. § 3397. G.L. § 7071. P.S. § 5930. V.S. § 5103. 1892, No. 90 , § 2. R.L. § 4285. G.S. 115, § 17. R.S. 97, § 17. R. 1797, p. 137, § 6. R. 1787, p. 33, 139.

Amendments--2017. Substituted "alcohol as defined in 7 V.S.A. § 2" for "intoxicating liquors" preceding "or in transporting" and "the alcohol" for "such liquors" thereafter.

§ 302. Power to search; return.

In the daytime, a sheriff may enter and search houses, buildings, or other places for a person for whose apprehension he or she has a warrant, issued in a criminal prosecution, a prosecution for bastardy, or on a bailpiece. He or she may so enter with a warrant or extent for the collection of taxes, or the collection of a fine, or with a warrant to search for goods or chattels stolen or purloined, when such property is supposed to be secreted therein. He or she shall not make return in any case that he or she cannot execute any such precept.

History

Source. V.S. 1947, § 3474. P.L. § 3398. G.L. § 3855. P.S. § 3355. V.S. § 2910. R.L. § 2588. G.S. 12, § 17. R.S. 11, § 17. R. 1797, p. 138, § 8. R. 1787, p. 140.

Reference in text. The reference to "a prosecution for bastardy" in this section is obsolete. 15 V.S.A. §§ 331-380, which authorized prosecution for bastardy, were repealed by 1983, No. 231 (Adj. Sess.), § 2(1), eff. May 14, 1984.

Cross References

Cross references. Issuance, contents, execution, and return of warrants, see Vt. Rules of Civil Procedure Rule 41.

Search and seizure regulated, see Vt. Const. Ch. I, Art. 11.

§ 303. Obstructing sheriff; penalty.

A person who refuses a sheriff entrance to his or her house or other buildings as provided in section 302 of this title, or threatens him or her or abuses him or her or his or her assistants before or after he or she has entered such buildings, or hinders him or her in any way in the execution of the warrants provided for in section 302, shall be fined not more than $200.00.

History

Source. V.S. 1947, § 3475. P.L. § 3399. G.L. § 3856. P.S. § 3356. V.S. § 2911. R.L. § 2589. G.S. 12, § 18. R.S. 11, § 18. R. 1797, p. 138, § 8. R. 1787, p. 140.

Cross References

Cross references. Impeding law enforcement office, see 13 V.S.A. § 3001.

§ 304. Liability for misfeasance of deputy.

Actions for official misfeasance or neglect of a deputy sheriff, or for cause affecting his or her administration of the office, shall be sustained only against the sheriff; but the sheriff shall not be amenable criminally for the conduct of his or her deputy, other than for fines for neglect of duty.

History

Source. V.S. 1947, § 3476. P.L. § 3400. G.L. § 3857. P.S. § 3357. V.S. § 2912. R.L. § 2590. G.S. 12, § 24. R.S. 11, § 24. R. 1797, p. 134, § 2.

Cross References

Cross references. Claims against sheriffs and deputy sheriffs, see 3 V.S.A. § 1101 et seq.

ANNOTATIONS

Analysis

1. Official acts.
2. Nonfeasance.
3. Attached property.
4. Breach of promise.
5. Defenses.

1. Official acts.

Mere operation of automobile owned and controlled by deputy sheriff incidental to travel in service of process does not constitute official act referred to in section and sheriff is not liable for damages resulting to persons or property occasioned by the negligent operation of such vehicle by his deputy. 1946 Op. Atty. Gen. 300.

Deputy sheriff who acts entirely outside mandate of writ or execution held by him is guilty of more than official misfeasance or neglect, and is not entitled to benefits of this section. Commercial Credit Corp. v. Dusckett, 114 Vt. 450, 49 A.2d 106 (1946).

In order to hold sheriff liable for acts of his deputy under this section, it must be shown that deputy failed to perform his duty as deputy while acting, or undertaking to act, in his official capacity. Hunt v. Hill, 101 Vt. 311, 143 A. 307 (1928).

When deputy sheriff sold goods on execution, on a credit of three months, by direction of plaintiff's attorney, sheriff was not responsible for his neglect to return the execution as he did not act officially. Charles Kimball & Co. v. Perry, 15 Vt. 414 (1843).

2. Nonfeasance.

Deputy is not liable for a mere nonfeasance. Buck v. Ashley, 37 Vt. 475 (1865).

Trespass on the case for mere nonfeasance of deputy will only lie against sheriff. Abbott v. Kimball, 19 Vt. 551 (1847).

Distinction between liabilities of sheriff and that of his deputy to party injured is that, while each is liable for misfeasance, former, and not latter, is liable for nonfeasance of such deputy in duties of his office. Hutchinson v. Parkhurst, 1 Aik. 258 (1826).

3. Attached property.

Sheriff, but not deputy, is liable for loss of property attached by deputy and left in an unsafe and unsuitable place, where it was stolen. Buck v. Ashley, 37 Vt. 475 (1865).

Action for neglect of duty in not paying over money collected does not lie against a deputy sheriff, but against the sheriff only. Hutchinson v. Parkhurst, 1 Aik. 258 (1826).

4. Breach of promise.

Liability of sheriff for his deputy is for neglect of duties which the law requires to be done, and he is not liable for breach of a promise which deputy makes. Tomlinson v. Wheeler, 1 Aik. 194 (1826).

5. Defenses.

Fact that execution issued for less sum than that for which judgment was rendered was no defense for a sheriff whose deputy had collected it, in an action for not paying to the creditor the money so collected. Coburn v. Chamberlin, 31 Vt. 326 (1858).

Fact that action was not commenced until after both sheriff and deputy had gone out of office was not a defense. Coburn v. Chamberlin, 31 Vt. 326 (1858).

To exonerate the sheriff, creditor in the execution must do some act which releases deputy from doing his legal duty. Mason v. Ide, 30 Vt. 697 (1858).

In action against sheriff for default of his deputy in not taking bail, and for making false return in suit where deputy returned that he had taken "good and sufficient bail," deputy, having been duly released by sheriff, was competent witness to prove that plaintiff directed him not to take bail, and such direction was bar to action. Ordway v. Bacon, 14 Vt. 378 (1842).

§ 305. Not to appear as counsel, or make writ.

A sheriff or deputy sheriff shall not appear in any court as counsel, nor make a writ, complaint, answer, or other precept or process, except in his or her own cause. A writ, complaint, or other process herein prohibited made by him or her shall be dismissed and the defendant recover his or her costs.

History

Source. V.S. 1947, § 3477. P.L. § 3401. G.L. § 3858. P.S. § 3358. V.S. § 2913. R.L. § 2591. G.S. 12, §§ 25, 26. R.S. 11, §§ 25, 26. R. 1797, p. 141, § 12. R. 1787, p. 141.

Cross References

Cross references. Disqualification to serve process, see 12 V.S.A. § 694.

ANNOTATIONS

Analysis

1. Purpose.
2. Persons prohibited.
3. Writs.
4. Effect.

1. Purpose.

This section is an absolute prohibition upon sheriffs and deputy sheriffs from making any writ whatever, except in their own case, by whomsoever it may be served. Walworth v. Farwell, 41 Vt. 212 (1868).

2. Persons prohibited.

Grand juror's complaint, written by deputy sheriff at request and in presence of grand juror, will be dismissed on motion, although deputy was justice who signed warrant and tried case. State v. Drew, 51 Vt. 56 (1878).

Provisions of this section do not extend to persons specially deputized by the authority signing the writ, and the person making a writ may be so deputized to serve it. Walworth v. Farwell, 41 Vt. 212 (1868).

Term "sheriff," as used in this section, may be regarded as generic, not specific, term, comprehending whole class of executive officers, whose duties are of like nature, and must be construed to include constables. Winchell v. Pond, 19 Vt. 198 (1847).

3. Writs.

This section applies to making of writ, in the common and ordinary meaning of term; and not to mere alteration of writ already perfect, which leaves it substantially same writ, between same parties, for same cause of action, and stated in same form. Hunt v. Viall, 20 Vt. 291 (1848).

4. Effect.

Writ filled up by constable was void, and dismissed by county court on motion, although the case came to that court by appeal, and defect was not seasonably taken advantage of by plea in abatement, and although writ was filled up by constable at request of attorney for plaintiff and under his supervision. Winchell v. Pond, 19 Vt. 198 (1847).

Execution not considered void because officer made out writ of attachment on which judgment was rendered, it being voidable only by judgment debtor. Sewell v. Harrington, 11 Vt. 141 (1839).

§ 306. Term of office.

A sheriff shall execute his or her official duties until his or her successor is qualified to act.

History

Source. V.S. 1947, § 3478. P.L. § 3402. G.L. § 3859. P.S. § 3359. V.S. § 2914. R.L. § 2592. G.S. 12, § 34. R.S. 11, § 33.

§ 307. Deputy sheriffs; appointments and revocation.

A sheriff may appoint deputies who need not be legal residents of the State, one or more of whom shall be a woman. The duties of deputy sheriffs shall be the same as those imposed by law on sheriffs and other peace officers in the enforcement of the criminal law. A deputy shall not perform an official act until his or her deputation and oath are filed for record in the office of the county clerk. A sheriff may dismiss a deputy and revoke his or her deputation. Such revocation shall be recorded in the office of the county clerk and shall take effect from the day of such record.
A sheriff may appoint persons as deputy sheriffs to serve civil process, including child support enforcement as provided in 15 V.S.A. § 800 , whom the sheriff shall train and supervise. Such deputies need not be qualified law enforcement officers, but if not so qualified shall not have arrest powers, and shall not carry firearms in performance of their duties in serving civil process.
The powers of deputy sheriffs with respect to criminal matters and the enforcement of the law may be exercised statewide.
Amended 1977, No. 218 (Adj. Sess.), § 4; 1987, No. 122 (Adj. Sess.), § 1, eff. Jan. 26, 1988; 2009, No. 146 (Adj. Sess.), § C20; 2013, No. 49 , § 4.

History

Source. V.S. 1947, § 3479. P.L. § 3403. 1933, S., No. 4, §§ 1, 2. 1923, No. 62 , § 1. G.L. § 3844, 3847. 1908, No. 81 , § 1. P.S. §§ 3345, 3347. V.S. §§ 2900, 2902. R.L. §§ 2578, 2580. G.S. 12, §§ 5, 7. R.S. 11, §§ 5, 7. R. 1797, p. 134, § 2. R. 1787, p. 141.

Amendments--2013. Subsec. (a): Deleted the former second and fourth sentences; inserted "who need not be legal residents of the State" in the first sentence; deleted "such special" preceding "deputy sheriffs" in the second sentence; deleted "or such special deputy" following "a deputy" in the third and fourth sentences; and made a gender neutral change.

Subsec. (c): Deleted "and special deputy sheriffs" following "deputy sheriffs".

Amendments--2009 (Adj. Sess.) Subsec. (b): Inserted "including child support enforcement as provided in 15 V.S.A. § 800" and substituted "the sheriff" for "he" preceding "shall train".

Amendments--1987 (Adj. Sess.). Subsec. (c): Added.

Amendments--1977 (Adj. Sess.). Designated existing provisions of existing section as subsec. (a) and added subsec. (b).

ANNOTATIONS

Analysis

1. Status of deputy.
2. Record of deputation.
3. Incompatible offices.
4. Jurisdiction.

1. Status of deputy.

Official acts of deputy sheriff are deemed to be the acts of the sheriff. In re Huard, 125 Vt. 189, 212 A.2d 640 (1965).

Under statutes deputy sheriff is recognized as public officer, and is not merely process server, but also peace officer. Gross v. Gates, 109 Vt. 156, 194 A. 465 (1937).

Portion of sovereign authority of State is entrusted to deputy sheriff, and his duties are performed in execution of law, in exercise of power and authority bestowed by law. Gross v. Gates, 109 Vt. 156, 194 A. 465 (1937).

2. Record of deputation.

Where deputy sheriff took oath of office, and left his deputation and oath with county clerk who did not record it for several months, the record must be deemed to exist from time instrument was lodged for record, and officer was authorized to act as deputy sheriff, and had competent authority to act as such, from time he so left his deputation bona fide for record. Ferris v. Smith, 24 Vt. 27 (1851).

3. Incompatible offices.

Duly appointed deputy sheriff was de facto officer and his acts in serving process in civil action were valid as between parties thereto, as against claim that he was disqualified to serve process, and hence that court was without jurisdiction of action, because he held incompatible offices of deputy clerk, deputy sheriff, and attorney. Rounds v. McGeown, 110 Vt. 185, 3 A.2d 547 (1938).

4. Jurisdiction.

Deputy sheriff who had completed training requirements established for deputy sheriffs had jurisdiction to make out-of-county arrest. State v. Beattie, 157 Vt. 162, 596 A.2d 919 (1991).

A deputy sheriff has state-wide jurisdiction to make an arrest. In re Huard, 125 Vt. 189, 212 A.2d 640 (1965).

§ 308. Deputy sheriffs; no compensation for appointment; penalty.

A sheriff shall not ask of or receive from his or her deputies any pay, compensation or reward by way of deputation fee, or otherwise, for such appointments.
A sheriff who violates a provision of this section shall be fined not more than $200.00 nor less than $50.00.
Amended 2017, No. 74 , § 69.

History

Source. V.S. 1947, § 3480. P.L. § 3404. G.L. § 3845. 1908, No. 81 , §§ 1, 2. P.S. § 3345. V.S. § 2900. R.L. § 2578. G.S. 12, § 5. R.S. 11, § 5. R. 1797, p. 134, § 2. R. 1787, p. 141.

Amendments--2017. Inserted "Deputy sheriffs;" preceding "no" in the section heading and added the subsec. (a) and (b) designations.

ANNOTATIONS

1. Enforcement of agreements.

Promissory note, given for gross sum agreed to be paid by deputy sheriff to sheriff as price of his appointment as deputy, was illegal, and no action could be sustained upon it. Ferris v. Adams, 23 Vt. 136 (1851).

§ 309. Bonds of deputies; liability of sheriff; deputy's powers and duties.

A sheriff shall be liable for the official acts and neglects of his or her deputies, and may take bonds of indemnity from them. Such deputies may, and when required, shall perform any official duty which may be required of the sheriff. Returns of their acts and doings shall be signed by them as deputy sheriffs, and their official acts shall be deemed to be the acts of the sheriff.

History

Source. V.S. 1947, § 3481. P.L. § 3405. G.L. § 3846. P.S. § 3346. V.S. § 2901. R.L. § 2579. G.S. 12, § 6. R.S. 11, § 6. R. 1797, p. 134, § 2. R. 1787, p. 141.

ANNOTATIONS

Analysis

1. Official acts and neglects.
2. Effect of termination of office.
3. Acts deemed those of sheriff.
4. Attachment of property.
5. Damages.
6. Defenses.
7. Evidence.
8. Jurisdiction.

1. Official acts and neglects.

Even though deputy was convicted of neglect of duty for lewd and lascivious conduct while assigned to patrol duty, the sheriff could not be held liable to plaintiff for misconduct of the deputy under this section. Doe v. Forrest, 176 Vt. 476, 853 A.2d 48 (2004).

Seizure by officer of property under writ against another is official malfeasance, and if such seizure is made by deputy sheriff, sheriff is liable therefor. Lyman v. Holmes, 88 Vt. 431, 92 A. 829 (1914).

Where deputy sheriff, in whose hands an original execution had been placed in season to charge property attached on the writ, attempted but negligently failed to procure an alias execution within life of original, whatever obligation deputy assumed by undertaking such service was personal and not official, and sheriff was not liable for such neglect. Cowdery v. Smith, 50 Vt. 243 (1877).

When deputy sheriff sold goods on execution, on a credit of three months, by direction of plaintiff's attorney, sheriff was not responsible for his neglect to return the execution, as he did not act officially. Charles Kimball & Co. v. Perry, 15 Vt. 414 (1843).

Sheriff is liable for official neglect of his deputy, but not for performance of any unofficial contract he may make. Wetherby v. Foster, 5 Vt. 136 (1832).

Liabilities of sheriff for his deputy are those which law imposes, and are for neglect of duties which law requires to be done and he is not liable for breach of promises, which deputy makes. Tomlinson v. Wheeler, 1 Aik. 194 (1826).

2. Effect of termination of office.

Ex-sheriff responsible for neglect of deputy after latter ceased to be his deputy and became the deputy of his successor in office. Stimpson v. Pierce, 42 Vt. 334 (1869).

It is no defense that action for default was not commenced until after both sheriff and deputy had gone out of office. Coburn v. Chamberlin, 31 Vt. 326 (1858).

3. Acts deemed those of sheriff.

Acts of deputy are to be regarded as acts of the sheriff, not in sense of either agency or identity, but rather in sense of official relation and of responsibility cast by law upon sheriff for acts of his deputy; not in sense that what deputy does is done by sheriff, but that, for what he does sheriff is made responsible as if he had officially done same thing. Flanagan v. Hoyt, 36 Vt. 565 (1864).

Acts of deputy sheriff held to be acts of sheriff; and sheriff alone could sue or be sued for acts done in the execution of his office. Smith v. Joiner, 1 D. Chip. 62 (1797).

4. Attachment of property.

Where property was attached in favor of several creditors and judgments and execution were had by all but one which was pending, sheriff was responsible that any surplus remaining in hands of deputy be held by him under attachment in suit in which judgment had not yet been recovered, that deputy deliver it up on demand under execution on judgment in said suit, if one was obtained and, if not, that he restore it to the debtor. Stimpson v. Pierce, 42 Vt. 334 (1869).

Sheriff was responsible for proceeds of property attached by his deputy, and by direction of parties sold on credit, where such proceeds came into hands of deputy before judgment recovered. Seaver v. Pierce, 42 Vt. 325 (1869); Stimpson v. Pierce, 42 Vt. 334 (1869).

Deputy sheriff who attached property on writ cannot be charged with neglect in not keeping it and delivering it over on execution, unless execution was seasonably delivered to him, or demand made of him by officer having execution; and want of such demand is not excused where officer delivered property to debtor, who removed from county therewith. Jameson v. Macon, 12 Vt. 599 (1839).

Attachment made by sheriff's deputy is the same as if made by him, and the lien is preserved by delivering execution to sheriff. Ayer v. Jameson, 9 Vt. 363 (1837).

When property is attached by sheriff's deputy, delivery of execution to another deputy of same sheriff, and informing latter deputy of attachment, equally supports creditor's lien, act of each deputy being in a civil point of view acts of sheriff himself. Bliss v. Stevens, 4 Vt. 88 (1831).

If deputy sheriff delivers personal property attached by him to person knowing situation of property and who undertakes merely to redeliver it on demand, sheriff may claim to have made the bailment himself and may maintain action in his own name against bailee to recover value of property so delivered to him. Davis v. Miller, 1 Vt. 9 (1826).

5. Damages.

In action against sheriff for default of his deputy in levying an execution on real estate, measure of damages is actual value of real estate lost by void levy, and not amount agreed upon by appraisers as shown by officer's return. Parker v. Peabody, 56 Vt. 221 (1883).

6. Defenses.

Where county court rendered judgment for more than ad damnum in writ, such judgment, though erroneous, is not void; and error is not bar to action brought against sureties on the bond of deputy sheriff who failed to perform his duty in serving writ. Chaffee v. Hooper, 54 Vt. 513 (1881).

Fact that execution issued for less sum than that for which judgment was rendered constituted no defense for sheriff who collected it, either by himself or his deputy, in an action for not paying creditor money so collected. Coburn v. Chamberlin, 31 Vt. 326 (1858).

No action can be sustained by execution creditor against sheriff for default of his deputy in not paying to creditor avails of property sold upon execution, where property was sold upon credit by direction of creditor, or where such directions were given by those who were interested, as sureties, in having property sold, and were subsequently ratified by creditor. Bellows v. Administrator of Allen, 23 Vt. 169 (1851).

Where creditor gave instructions to deputy sheriff and deputy was influenced thereby, sheriff was not liable for his conduct in regard to matter. Strongs v. Bradley, 14 Vt. 55 (1842).

Where deputy sheriff had authority from creditor to manage an execution committed to his charge according to his discretion, sheriff was discharged of his liability for official neglect of such deputy. Fletchers v. Bradley, 12 Vt. 22 (1840).

7. Evidence.

In action against sheriff for default of deputy in not levying execution, it was competent for defendant to show by deputy what instructions deputy received from complaining party or his attorney as to serving execution, and what he did in obedience to such instructions. Cowdery v. Smith, 50 Vt. 235 (1877).

In action against sheriff for default of deputy in not paying over to party entitled proceeds of sale of property attached by deputy, evidence that action in which attachment and sale was made was instituted by parties to it for purpose of enabling defendant therein to defraud his creditors, was not admissible, as sheriff was accountable for default in such case. Seaver v. Pierce, 42 Vt. 325 (1869).

In action against sheriff for neglect of deputy in not executing and returning execution, evidence of existing agreement between creditor and deputy that he was to furnish deputy with business, and that deputy, among other things, was not to commit to jail any debtors in execution, unless by express order of creditor, was admissible. Downer v. Bowen, 12 Vt. 452 (1840).

8. Jurisdiction.

A deputy sheriff has state-wide jurisdiction to make an arrest. In re Huard, 125 Vt. 189, 212 A.2d 640 (1965).

Cited. State v. Oren, 162 Vt. 331, 647 A.2d 1009 (1994).

§ 310. Repealed. 2013, No. 49, § 5.

History

Former § 310. Former § 310, relating to deputy sheriffs and uniforms, was derived from 1967, No. 368 (Adj. Sess.), § 2.

§ 311. Training requirements.

No person may receive an appointment as a deputy sheriff unless he or she has been awarded a certificate by the Executive Director of the Criminal Justice Training Council attesting to his or her satisfactory completion of an approved basic training program, except as provided in section 307(b) of this title.

Added 1971, No. 7 , § 2, eff. July 1, 1971; amended 1977, No. 218 (Adj. Sess.), § 6.

History

Amendments--1977 (Adj. Sess.). Section amended generally.

Cross References

Cross references. Criminal Justice Training Council generally, see 20 V.S.A. § 2351 et seq.

ANNOTATIONS

Analysis

1. Certificate.
2. Jurisdiction.

1. Certificate.

Where the victim of defendant's assault was a deputy sheriff whose certificate of appointment to that office stated that he had attended a 36-hour course in police instruction, defendant could be found guilty under 13 V.S.A. § 1028, rendering the offense of simple assault a more serious crime carrying greater penalties when committed upon a law enforcement officer performing a lawful duty, since even though the officer's certificate did not state that he had completed the training course as required by this section, governing appointment of deputy sheriffs, he was a de facto officer and not a party to the action. State v. Mitchell, 142 Vt. 517, 458 A.2d 1089 (1983).

2. Jurisdiction.

Deputy sheriff who had completed training requirements established for deputy sheriffs had jurisdiction to make out-of-county arrest. State v. Beattie, 157 Vt. 162, 596 A.2d 919 (1991).

§ 312. Jurisdiction of sheriffs.

The powers of sheriffs with respect to criminal matters and the enforcement of the law may be exercised statewide.

Added 1987, No. 122 (Adj. Sess.), § 2, eff. Jan. 26, 1988; amended 1991, No. 257 (Adj. Sess.), § 5; 2015, No. 2 , § 3, eff. March 12, 2015.

History

Amendments--2015. Section amended generally.

Amendments--1991 (Adj. Sess.). Subsec. (b): Inserted "or part-time" following "full-time".

ANNOTATIONS

1. Deputy sheriffs.

The term "sheriff" in this section does not encompass deputy sheriffs. State v. Beattie, 157 Vt. 162, 596 A.2d 919 (1991).

Subchapter 6. High Bailiff

Cross References

Cross references. Election of high bailiffs, see Vt. Const. Ch. II, § 43.

§ 331. Oath; bond.

Before entering upon the duties of his or her office, a high bailiff shall be sworn and give a bond such as may be required by the assistant judges. The cost of such bond shall be paid by the county.

History

Source. V.S. 1947, § 3482. 1943, No. 37 , § 1. P.L. § 3406. G.L. § 3860. P.S. § 3360. V.S. § 2916. R.L. § 2594. G.S. 12, § 40. R.S. 11, § 41. R. 1797, p. 142, § 17. 1793, p. 58.

Cross References

Cross references. Action on bond of high bailiff, see 12 V.S.A. § 5246 et seq.

Oath of office, see Vt. Const. Ch. II, § 56.

§ 332. Powers and duties.

A high bailiff may serve writs which the sheriff is incompetent to serve, and his or her fees shall be the same as those of the sheriff.

History

Source. V.S. 1947, § 3483. P.L. § 3407. G.L. § 3862. P.S. § 3362. V.S. § 2918. R.L. § 2569. G.S. 12, §§ 41, 43. R.S. 11, §§ 42, 44. 1819, p. 14. R. 1797, p. 142, § 17.

Cross References

Cross references. Fees of sheriff's departments, see 32 V.S.A. § 1591 et seq.

§ 333. Confinement of sheriff; vacancy.

A high bailiff by virtue of a writ or other process directed to him or her against the sheriff may commit the sheriff to the Commissioner of Corrections. While the sheriff remains in confinement, or in case of vacancy in the office, the functions of the sheriff shall be exercised by the high bailiff, who shall have the powers and be subject to the liabilities of a sheriff until the sheriff is released from confinement or one is appointed and sworn into office.

1971, No. 199 (Adj. Sess.), § 17, eff. July 1, 1972.

History

Source. V.S. 1947, § 3484. P.L. § 3408. G.L. § 3863. P.S. § 3363. V.S. § 2919. R.L. § 2597. G.S. 12, §§ 44, 45, 46. R.S. 11, §§ 45, 46, 47. 1806, p. 138. R. 1797, p. 142, § 17. 1793, p. 57.

Revision note. Phrase "confine the sheriff in the county jail" was changed to "commit the sheriff to the commissioner of corrections" pursuant to 1971, No. 199 (Adj. Sess.), § 17.

ANNOTATIONS

Analysis

1. Bail bond for sheriff.
2. Compensation.

1. Bail bond for sheriff.

High bailiff has power, when sheriff is committed to jail on execution, to take of him jail bond for liberties of prison, and on breach thereof, to assign same to creditor. Denton v. Adams, 6 Vt. 40 (1834).

2. Compensation.

When high bailiff assumes all functions and liabilities of sheriff on office becoming vacant, such high bailiff immediately becomes entitled to same compensation and expenses as received by sheriff. 1956-58 Op. Atty. Gen. 45.

Subchapter 7. State's Attorney

Cross References

Cross references. Claims against State's Attorney, see 3 V.S.A. § 1101 et seq.

Election of State's Attorneys, see Vt. Const. Ch. II, §§ 43, 50, and 53.

Salaries of State's Attorneys, see 32 V.S.A. § 1183.

Victim advocates, see 13 V.S.A. § 5306.

§ 361. General duties.

A State's Attorney shall prosecute for offenses committed within his or her county, and all matters and causes cognizable by the Supreme and Superior Courts on behalf of the State, file informations and prepare bills of indictment, deliver executions in favor of the State to an officer for collection immediately after final judgment, taking duplicate receipts therefor, one of which shall be sent to the Commissioner of Finance and Management, and take measures to collect fines and other demands or sums of money due to the State or county.
Part-time State's Attorneys may represent private clients in Superior Court or the Supreme Court on the question of compensation in highway condemnation cases under the provisions of 19 V.S.A. chapter 5, in those cases where the condemned land is located in any county other than that county in which the State's Attorney was elected.
Amended 1959, No. 328 (Adj. Sess.), § 8(c); 1965, No. 194 , § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1969, No. 131 , § 24, eff. April 23, 1969; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1975, No. 33 , § 1, eff. April 11, 1975; 1983, No. 195 (Adj. Sess.), § 5(b); 2009, No. 154 (Adj. Sess.), § 178.

History

Source. V.S. 1947, § 3485. P.L. § 3409. G.L. § 3902. 1917, No. 354 , § 3853. P.S. § 3401. V.S. § 2955. R.L. § 2631. G.S. 12, § 50. R.S. 11, § 49. R. 1797, p. 577, § 1. 1795, p. 5. R. 1787, p. 23.

Revision note. Substituted "commissioner of finance" for "finance director" to conform reference to new title and reorganization of State government. See 3 V.S.A. § 2201 et seq.

Substituted "commissioner of finance and management" for "commissioner of finance and information support" in light of Executive Order No. 35-87.

Amendments--2009 (Adj. Sess.) Subsec. (a): Inserted "or her" following "within his" and substituted "supreme and superior courts" for "supreme, superior and district courts".

Amendments--1983 (Adj. Sess.). Subsec. (a): Inserted "and information support" following "commissioner of finance".

Amendments--1975. Designated existing provisions of section as subsec. (a) and added subsec. (b).

Amendments--1973 (Adj. Sess.). Substituted "superior court" for county court".

Amendments--1969. Omitted reference to costs.

Amendments--1965. Substituted "district court" for "municipal court".

Amendments--1959 (Adj. Sess.). Substituted "finance director" for "auditor of accounts".

Cross References

Cross references. State's Attorney to forward notice of alleged consumer fraud to Consumer Protection Division of the Attorney General's Office, see 9 V.S.A. § 2462.

ANNOTATIONS

Analysis

1. Constitutional law.
2. Prosecution of offenses.
- - Discretion.
- - Concurrent authority.
- - Sentencing recommendations.
5. Informations.
6. Indictments.
7. Discharge of prisoners.
8. Judicial authority.
9. Civil matters.
10. Civil liability.

1. Constitutional law.

That State Constitution mentioned State's Attorneys when Constitution provided date for their election and the terms to be served did not make the powers and prerogatives of a State's Attorney constitutional functions that could not be taken away except by constitutional amendment, for the powers of State's Attorneys are set forth in the statutes, not the Constitution. State's Attorney v. Attorney General, 138 Vt. 10, 409 A.2d 599 (1979).

2. Prosecution of offenses .

Office of State's Attorney has broad discretion in deciding whether to initiate a criminal prosecution, and a decision not to prosecute is entitled to great deference; however, if the circumstances change and the State's Attorney or his successor is convinced that prosecution is warranted, a prosecution may be had. State's Attorney v. Attorney General, 138 Vt. 10, 409 A.2d 599 (1979).

*3. Concurrent authority.

This section, 3 V.S.A. § 152, authorizing the Attorney General to represent the State in criminal matters and providing that he shall have the same authority throughout the State as a State's Attorney, and 3 V.S.A. § 153, providing that the Attorney General has supervisory powers over criminal prosecutions and advisory powers with respect to State's Attorneys in matters, relating to that office, give the two offices at least equal authority to initiate criminal prosecutions. State's Attorney v. Attorney General, 138 Vt. 10, 409 A.2d 599 (1979).

Where a State's Attorney decides not to initiate a criminal prosecution, the sovereign power of the State to punish for crimes has not been set in motion in the first instance by an agency of the State authorized to do so, and an equal prosecutorial authority, such as the Attorney General in instant case, may initiate a criminal prosecution. State's Attorney v. Attorney General, 138 Vt. 10, 409 A.2d 599 (1979).

Where Attorney General initiated prosecution for driving while intoxicated after State's Attorney had declined to do so, the State's Attorney had not preempted the field and the Attorney General did not supersede, displace, or interfere with the State's Attorney's decision, as Attorney General was validly exercising equal authority under law. State's Attorney v. Attorney General, 138 Vt. 10, 409 A.2d 599 (1979).

In action for taking tools commenced in name of State solely by direction of a State officer and prosecuted, not by State's Attorney, but by counsel employed by that officer, action was properly brought in name of State, and by proper authority, and defendant could not object that it was not prosecuted by State's Attorney. State v. Bradish, 34 Vt. 419 (1861).

*4. Sentencing recommendations.

Disclosure to court of proposed recommendation as previously discussed by prosecutor with counsel for respondent was consistent with prosecutor's duty to insure that public faith was not compromised to disadvantage of either respondent or State. In re Garceau, 125 Vt. 185, 212 A.2d 633 (1965).

5. Informations.

Prosecution of accused on an information issued by State's Attorney on his oath of office alone without accompanying affidavit, or showing before magistrate, demonstrating that facts were present constituting probable cause to charge accused was not a denial of due process. In re Morris, 126 Vt. 297, 229 A.2d 244 (1967).

State's Attorneys have authority to bring persons accused of crimes before justices of the peace by information and cause them to be bound up for trial by county court; and recognizance, conditioned for appearance in county court of person bound over by justice of peace upon information of State's Attorney, is valid. Treasurer of Vermont v. Brooks, 23 Vt. 698 (1851).

6. Indictments.

It is improper for court to prepare indictment and present it to grand jury; that duty by statute is placed upon State's Attorney. State v. Frotten, 114 Vt. 410, 46 A.2d 921 (1946).

7. Discharge of prisoners.

State's Attorney may discharge from arrest one who is held upon warrant issued in prosecution of which he has charge. Kent v. Miles, 68 Vt. 48, 33 A. 768 (1895).

8. Judicial authority.

State's Attorneys do not possess authority to adjudicate legal rights. Gould v. Parker, 114 Vt. 186, 42 A.2d 416 (1945).

9. Civil matters.

Duties and authority of State's Attorneys are not limited to criminal matters, although this is the area in which they most commonly function. 1964-66 Op. Atty. Gen. 315.

10. Civil liability.

A State's Attorney is immune from civil liability for acts done in performance of his official duties. Zera v. Tepper, 358 F. Supp. 963 (D. Vt. 1973).

State's Attorney was not civilly liable where criminal process involved was regularly issued and the factual allegations displayed no straying from official function as to put the action of the State's Attorney outside the protection of his judicial role. Polidor v. Mahady, 130 Vt. 173, 287 A.2d 841 (1972).

Cited. In re J.S., 140 Vt. 230, 1970-72 Op. Atty. Gen. 434 (1981); Levinsky v. Diamond, 151 Vt. 178, 559 A.2d 1073 (1989).

§ 362. Full-time State's Attorneys; private law practice.

Elected State's Attorneys shall devote full time to their duties and during their terms shall not engage in the private practice of law nor be a partner or associate of any person practicing law. The State's Attorneys of Essex and Grand Isle Counties shall not serve on a full-time basis and shall not be subject to this section.

Added 1967, No. 164 , § 3, operative on Feb. 1, 1969; amended 1967, No. 363 (Adj. Sess.), § 6, eff. Feb. 1, 1969; 1969, No. 266 (Adj. Sess.), § 6, eff. April 8, 1970; 1971, No. 120 , § 48, eff. July 1, 1971; 1971, No. 260 (Adj. Sess.), § 32; 1977, No. 63 , § 1, eff. April 23, 1977; 2009, No. 156 (Adj. Sess.), § E.205.

History

Amendments--2009 (Adj. Sess.) Added "Elected" preceding "state's" and deleted "and all full-time deputy state's attorneys" preceding "shall devote" in the first sentence and deleted the former second sentence.

Amendments--1977. Provided for the State's Attorney of Lamoille County to serve on a full-time basis.

Amendments--1971 (Adj. Sess.). Section amended generally.

Amendments--1971. Added Caledonia County to list and added provisions relating to assistance to municipality or planning agency.

Amendments--1969 (Adj. Sess.). Added "Bennington" and "Franklin" counties, substituted "deputy" for "special assistant", and prohibited private practice of law.

Amendments--1967 (Adj. Sess.). Substituted "full-time special assistant state's attorneys" for "full time deputy state's attorney"; omitted "they may engage in such other practice of law as will not interfere with their official duties."

Prior law. 24 V.S.A. § 361a.

§ 363. Deputy State's Attorneys.

A State's Attorney may appoint as many deputy State's Attorneys as necessary for the proper and efficient performance of his or her office and may remove them at pleasure.
The pay for deputy State's Attorneys shall be fixed by the Executive Director of the Department of State's Attorneys and Sheriffs or through collective bargaining pursuant to 3 V.S.A. chapter 27, but it shall not exceed the pay of the State's Attorney making the appointment. Deputy State's Attorneys shall be compensated only for periods of actual performance of the duties of the office. Deputy State's Attorneys shall be reimbursed for their necessary expenses incurred in connection with their official duties when approved by the State's Attorneys and the Commissioner of Finance and Management.
Deputy State's Attorneys shall exercise all the powers and duties of the State's Attorneys except the power to designate someone to act in the event of their own disqualification.
Deputy State's Attorneys may not enter upon the duties of the office until they have taken the oath or affirmation of allegiance to the State and the oath of office required by the Constitution, and until the oath together with their appointment is filed for record with the county clerk. If appointed and under oath, a deputy State's Attorney may prosecute cases in another county if the State's Attorney in the other county files the deputy's appointment in the other county clerk's office. In case of a vacancy in the office of State's Attorney, the appointment of the deputy shall expire upon the appointment of a new State's Attorney.
Amended 1959, No. 253 , eff. June 11, 1959; 1959, No. 328 (Adj. Sess.), § 8(c); 1967, No. 363 (Adj. Sess.), §§ 1, 2, eff. March 27, 1968; 1969, No. 266 (Adj. Sess.), § 7, eff. April 8, 1970; 1971, No. 120 , § 49; 1971, No. 260 (Adj. Sess.), § 33; 1983, No. 195 (Adj. Sess.), § 5(b); 2009, No. 58 , § 24; 2017, No. 81 , § 12, eff. June 15, 2017.

History

Source. V.S. 1947, § 3486. 1939, No. 60 . P.L. § 3409. G.L. § 3902. 1917, No. 254 , § 3853. P.S. § 3401. V.S. § 2955. R.L. § 2631. G.S. 12, § 50. R.S. 11, § 49. R. 1797, p. 577, § 1. 1795, p. 5. R. 1787, p. 23.

Revision note. Substituted "commissioner of finance" for "finance director" to conform reference to new title and reorganization of State government. See 3 V.S.A. § 2201 et seq.

Substituted "commissioner of finance and management" for "commissioner of finance and information support" in light of Executive Order No. 35-87.

Amendments--2017. Added the subsec. (a) through (d) designations; in subsec. (a), deleted "and with the approval of the Governor, fix their pay not to exceed that of the State's Attorney making the appointment" following "his or her office"; in subsec. (b), added the first sentence; and in subsec. (d), substituted "the" for "such" preceding "oath together" in the first sentence.

Amendments--2009. Inserted "or her" following "his" in the first sentence and added the sixth sentence.

Amendments--1983 (Adj. Sess.). Inserted "and information support" following "commissioner of finance".

Amendments--1971 (Adj. Sess.). Section amended generally.

Amendments--1971. Subsec. (b): Omitted provisions relating to salary of Chittenden County deputy State's Attorneys.

Amendments--1969 (Adj. Sess.). Subsec. (a): Omitted "other than full-time assistant state's attorneys" and requirement that deputy State's Attorneys be residents of county where acting.

Subsec. (b): Amended generally.

Amendments--1967 (Adj. Sess.). Amended subsec. (a) generally, redesignated former subsec. (b) as subsec.(c), and added a new subsec. (b).

Amendments--1959 (Adj. Sess.). Substituted "finance director" for "auditor of accounts."

Amendments--1959. Section amended generally.

Prior law. 24 V.S.A. § 362.

Cross References

Cross references. Oath of allegiance and oath of office, see Vt. Const. Ch. II, § 56.

ANNOTATIONS

Analysis

1. Powers and duties.
2. Filing appointment and oath.

1. Powers and duties.

Legislature did not intend that nonattorney employees of Office of Child Support prosecute reciprocal enforcement of support (URESA) cases on behalf of State's Attorneys; rather, Legislature placed sole responsibility for dealing with URESA cases on Vermont's State's Attorneys. McSweeney v. McSweeney, 159 Vt. 629, 618 A.2d 1332 (mem.) (1992).

A special or deputy prosecutor appointed under this section is bound by the same standards of conduct and vested with the same power as the duly elected State's Attorney. State v. Mayer, 129 Vt. 564, 283 A.2d 863 (1971).

Deputy State's Attorney had authority under this section to sign information, so that information was not invalid for failure of elected principal State's Attorney to sign it. State v. Mayer, 129 Vt. 564, 283 A.2d 863 (1971).

2. Filing appointment and oath.

Where deputy State's Attorney did not file her appointment and oath with county clerk as required by this section, she could not justify her acts as such in any suit to which she was a party, but she was a de facto officer, and not a party to proceeding for termination of parental rights in children, and petition she signed was sufficient to confer jurisdiction upon the court. In re G. V., 136 Vt. 499, 394 A.2d 1126 (1978).

§ 364. Investigator.

1. A State's Attorney may appoint an investigator and, with the approval of the Governor, shall fix the investigator's pay not to exceed that of a noncommissioned officer of the Department of Public Safety, and may remove the investigator at will. (a) (1) A State's Attorney may appoint an investigator and, with the approval of the Governor, shall fix the investigator's pay not to exceed that of a noncommissioned officer of the Department of Public Safety, and may remove the investigator at will.
2. An investigator shall be reimbursed for necessary expenses incurred in connection with his or her official duties when approved by the State's Attorney and the Commissioner of Finance and Management.
3. Investigators shall take part in the investigation of crime, the detection of persons suspected of committing crimes, the preparation of any criminal cause for trial, and other tasks related to the office of the State's Attorney.
4. No person may be appointed as an investigator unless he or she has had appropriate experience in investigative work for a period of not less than two years, including employment as a private detective or a law enforcement officer, or has successfully completed a course of training under 20 V.S.A. chapter 151.
A person appointed as an investigator who has obtained certification as a Level II or Level III law enforcement officer under the provisions of 20 V.S.A. § 2358 shall have the same powers as sheriffs in criminal matters and the enforcement of the law and in serving criminal process, and shall have all the immunities and matters of defense now available or hereafter made available to sheriffs in a suit brought against them in consequence for acts done in the course of their employment.
Added 1959, No. 299 , § 1; amended 1967, No. 368 (Adj. Sess.), § 3, eff. March 27, 1968; 1969, No. 266 (Adj. Sess.), § 8, eff. April 8, 1970; 1971, No. 120 , § 50, eff. July 1, 1971; 1973, No. 77 , § 55, eff. July 1, 1973; 1981, No. 108 , § 327; 1989, No. 297 (Adj. Sess.), § 1; 1995, No. 123 (Adj. Sess.), § 8, eff. June 6, 1996; 2003, No. 156 (Adj. Sess.), § 15; 2007, No. 7 , § 7; 2013, No. 141 (Adj. Sess.), § 18, eff. July 1, 2015.

History

Source. V.S. 1947, § 3487. 1947, No. 42 , § 1. P.L. § 3410. 1933, No. 39 , § 1. 1927, No. 54 , § 1. 1925, No. 13 , § 1. G.L. § 3903. P.S. § 3402. V.S. § 2956. 1894, No. 76 .

2013. In subsec. (a), in the last sentence, deleted "but not limited to" following "including" in accordance with 2013, No. 5 , § 4.

Revision note - Section catchline was added by the editors.

Substituted "Commissioner of Finance and Management" for "commissioner of finance and information support" in light of Executive Order No. 35-87.

Amendments--2013 (Adj. Sess.). Made stylistic changes throughout the section and in subsection (b), substituted "obtained certification as a Level II or Level III law enforcement officer under the provisions of 20 V.S.A. § 2358" for "successfully completed a course of training under 20 V.S.A. chapter 151" following "investigator who has".

Amendments--2007. Subsec. (a): Substituted "commissioner of finance and management" for "commissioner of human resources".

Amendments--2003 (Adj. Sess.). Subsec. (a): Substituted "commissioner of human resources" for "commissioner of personnel".

Amendments--1989 (Adj. Sess.). Designated the existing provisions of the section as subsec. (a), deleted "his" preceding "necessary" and inserted "or her" preceding "official" in the second sentence and inserted "or she" preceding "has had appropriate" and "or has successfully completed a course of training under chapter 151 of Title 20" following "officer" in the fourth sentence of that subsection and added subsec. (b).

Amendments--1983 (Adj. Sess.). Inserted "and information support" following "commissioner of finance".

Amendments--1981. Section amended generally.

Amendments--1973. Added reference to Caledonia and Bennington counties.

Amendments--1971. Redesignated former subsec. (a) as text of section and omitted subsec. (b).

Amendments--1969 (Adj. Sess.). Designated existing provisions of section as subsec. (b) and added subsec. (a).

Amendments--1967 (Adj. Sess.). Increased allowable per diem.

Amendments--1959. Raised maximum compensation from $ 6 to $ 10.

Amendments--1995 (Adj. Sess.) Subsec. (a): Substituted "commissioner of personnel" for "commissioner of finance and management" in the second sentence.

Prior law. 24 V.S.A. § 363.

Repeal of section. Former section 364 related to detectives and was repealed by 1981, No. 108 , § 331(c) eff. Jan. 1, 1982.

Cross References

Cross references. Defense of claims against sheriffs, see 3 V.S.A. § 1101 et seq.

§ 365. Penalty for taking bribe.

A State's Attorney who, directly or indirectly under color of his or her office, unlawfully receives to his or her use, or the use of another person, money or other valuable thing, shall be fined not less than $300.00 and shall be incapable of holding civil office in the State.

History

Source. V.S. 1947, § 3488. P.L. § 3411. G.L. § 3904. P.S. § 3406. V.S. § 2960. R.L. § 2632. G.S. 12, §§ 53, 63. 1859, No. 6 , § 4. R.S. 11, § 52. R. 1797, p. 579, § 4. 1795, p. 7.

Prior law. 24 V.S.A. § 364

§ 366. Deputy sheriffs; police school.

Subject to the approval of the Attorney General, a State's Attorney may enroll a deputy sheriff in a police school for the purpose of receiving training in crime prevention, detection, and apprehension. The officer so enrolled shall receive compensation during the police school session in an amount fixed by the Attorney General which shall not exceed $20.00 per day. The officer so enrolled shall receive his or her necessary expenses. Bills for his or her compensation and expenses shall be sworn to by him or her. Upon approval by the Attorney General, the Commissioner of Finance shall issue his or her warrant in payment thereof.

Added 1967, No. 368 (Adj. Sess.), § 4, eff. March 27, 1968; amended 1983, No. 195 (Adj. Sess.), § 5(b).

History

Revision note. Substituted "Commissioner of Finance" for "finance director" to conform reference to new title and reorganization of State government. See 3 V.S.A. § 2201 et seq.

Substituted "Commissioner of Finance and Management" for "commissioner of finance and information support" in light of Executive Order No. 35-87.

Amendments--1993 (Adj. Sess.). Inserted "and information support" following "commissioner of finance".

Prior law. 24 V.S.A. § 365.

Cross References

Cross references. Training requirements for deputy sheriffs, see § 311 of this title.

§ 367. Department of State's Attorneys and Sheriffs.

There is established a Department of State's Attorneys and Sheriffs, which shall consist of the 14 State's Attorneys and 14 sheriffs. The State's Attorneys shall elect an Executive Committee of five State's Attorneys from among their members. The members of the Executive Committee shall serve for terms of two years.
The Executive Committee and the Executive Committee of the Vermont Sheriff's Association shall appoint an Executive Director who shall serve at the pleasure of the Committees. The Executive Director shall be an exempt employee.
1. The Executive Director shall prepare and submit all budgetary and financial materials and forms that are required of the head of a department of State government with respect to all State funds appropriated for all of the Vermont State's Attorneys and sheriffs. At the beginning of each fiscal year, the Executive Director, with the approval of the Executive Committee, shall establish allocations for each of the State's Attorneys' offices from the State's Attorneys' appropriation. Thereafter, the Executive Director shall exercise budgetary control over these allocations and the general appropriation for State's Attorneys. The Executive Director shall monitor the sheriff's transport budget and report to the sheriffs on a monthly basis the status of the budget. He or she shall provide centralized support services for the State's Attorneys and sheriffs with respect to budgetary planning, training, and office management, and perform such other duties as the Executive Committee directs. The Executive Director may employ clerical staff as needed to carry out the functions of the Department. (c) (1) The Executive Director shall prepare and submit all budgetary and financial materials and forms that are required of the head of a department of State government with respect to all State funds appropriated for all of the Vermont State's Attorneys and sheriffs. At the beginning of each fiscal year, the Executive Director, with the approval of the Executive Committee, shall establish allocations for each of the State's Attorneys' offices from the State's Attorneys' appropriation. Thereafter, the Executive Director shall exercise budgetary control over these allocations and the general appropriation for State's Attorneys. The Executive Director shall monitor the sheriff's transport budget and report to the sheriffs on a monthly basis the status of the budget. He or she shall provide centralized support services for the State's Attorneys and sheriffs with respect to budgetary planning, training, and office management, and perform such other duties as the Executive Committee directs. The Executive Director may employ clerical staff as needed to carry out the functions of the Department.
2. The Executive Director shall prepare and submit a funding request to the Governor and the General Assembly for the purpose of securing General Fund appropriations for any increased costs related to a collective bargaining agreement and to the Department's contract bargaining and administration.
1. If an individual State's Attorney is aggrieved by a decision of the Executive Director pertaining to an expenditure or proposed expenditure by the State's Attorney, the question shall be decided by the Executive Committee. The decision of the Committee shall be final. (d) (1) If an individual State's Attorney is aggrieved by a decision of the Executive Director pertaining to an expenditure or proposed expenditure by the State's Attorney, the question shall be decided by the Executive Committee. The decision of the Committee shall be final.
2. If an individual sheriff is aggrieved by a decision of the Executive Director pertaining to an expenditure or proposed expenditure by the sheriff, the question shall be decided by the Executive Committee of the Vermont Sheriff's Association. The decision of the Executive Committee of the Vermont Sheriff's Association shall be final.
[Repealed.]
Added 1983, No. 183 (Adj. Sess.), § 1; amended 1985, No. 225 (Adj. Sess.), § 14; 2009, No. 33 , § 83(j); 2013, No. 49 , § 6; 2013, No. 95 (Adj. Sess.), § 82, eff. Feb. 25, 2014; 2017, No. 81 , § 13, eff. June 15, 2017.

History

Amendments--2017. Subdiv. (c)(1): Added the subdiv. designation.

Subdiv. (c)(2): Added.

Amendments--2013 (Adj. Sess.). Subsec. (a): Deleted the former fourth sentence.

Amendments--2013. Section amended generally.

Amendments--2009. Subsec. (e): Repealed.

Amendments--1985 (Adj. Sess.). Subsec. (c): Added the last sentence.

Cross References

Cross references. Creation and maintenance of victims assistance program, see 13 V.S.A. § 5304.

Subchapter 8. Commissioners of Jail Delivery

§§ 401-404. Repealed. 2009, No. 154 (Adj. Sess.), § 238.

History

Former §§ 401-404. Former § 401, relating to the Superior Court judges to appoint commissioners of jail delivery, was derived from V.S. 1947, § 3490; P.L. § 3413; G.L. § 3911; 1915, No. 1 , § 117; P.S. § 3412; V.S. § 2967; 1884, No. 148 ; R.L. § 2640; G.S. 12, § 108; 1850, No. 55 ; R.S. 11, § 2; 1825, No. 5 , § 1; 1821, p. 89; 1820, p. 24, 29; 1819, p. 15; 1818, p. 79; R. 1797, p. 323, § 12; R. 1787, p. 77 and amended by 1973, No. 193 (Adj. Sess.), § 3.

Former § 402, relating to the vacancy in office of commissioner of jail delivery, was derived from V.S. 1947, § 3491; P.L. § 3414; G.L. § 3912; P.S. § 3413; V.S. § 2968; R.L. § 2641; G.S. 12, § 109. 1861, No. 38 ; 1822, p. 20.

Former § 403, relating to the quorum for transaction of business by Commission of Jail Delivery, was derived from V.S. 1947, § 3492; P.L. § 3415; G.L. § 3913; P.S. § 3414; V.S. § 2969; R.L. § 2642; G.S. 121, § 47; R.S. 103, § 29.

Former § 404, relating to procedure when commissioners of jail delivery disqualified, was derived from V.S. 1947, § 3493; P.L. § 3416; G.L. § 3914; P.S. § 3415; V.S. § 2970; R.L. § 2642; G.S. 121, § 48; R.S. 103, § 33; 1825, No. 5 , § 2 and amended by 1973, No. 193 (Adj. Sess.), § 3.

Subchapter 9. Notaries Public

History

Repeal of subchapter. 2017, No. 160 (Adj. Sess.), § 5(1) provided for the repeal of this subchapter on July 1, 2019.

Effective dates; transitional provisions. 2017, No. 160 (Adj. Sess.), § 9 provides in part: "(3) beginning on December 1, 2018, the Office of Professional Regulation shall perform the duties of the assistant judges and county clerks in regard to receiving applications and commissioning notaries public as set forth in 24 V.S.A. chapter 5, subchapter 9 (county officers; notaries public) for the two-year notaries public commission terms that begin on February 1, 2019 in accordance with Sec. 1"

§§ 441-443. Repealed. 2017, No. 160 (Adj. Sess.), § 5, eff. July 1, 2019.

History

Former §§ 441-443. Former § 441, relating to appointment of notaries public; jurisdiction; ex officio notaries; application, was derived from V.S. 1947, § 3494; 1947, No. 202 , § 3516; P.L. § 3417; 1921, No. 93 , § 1; 1921, No. 92 , § 1; G.L. § 3906. P.S. § 3408; 1900, No. 42 , § 1; V.S. § 2963; R.L. § 2635; 1878, No. 131 ; G.S. 12, §§ 84, 85; 1852, No. 23 . R.S. 11, §§ 67, 68; 1831, No. 9 ; 1830, No. 21 ; 1829, No. 22 , § 1; R. 1797, p. 387, § 1 and amended by 1973, No. 106 , § 8; 1973, No. 193 (Adj. Sess.), § 3; 1983, No. 194 (Adj. Sess.), § 1; 1995, No. 181 (Adj. Sess.), § 14a; and 2009, No. 154 (Adj. Sess.), § 179.

Former § 441a, relating to nonresident notary public, was derived from 1989, No. 37 and amended by 2009, No. 154 (Adj. Sess.), § 180.

Former § 442, relating to oath; certificate of appointment recorded; form, was derived from V.S. 1947, § 3495; P.L. § 3418; 1921, No. 93 , § 2. G.L. § 3907; 1917, No. 97 , § 1; 1915, No. 1 , § 116. P.S. § 3409; R. 1906, § 3285; V.S. § 2964; R.L. § 2636; G.S. 12, § 86; 1851, No. 35 , § 1; R.S. 11, § 69; 1829, No. 22 , § 2; R. 1797, p. 387, § 1 and amended by 1973, No. 193 (Adj. Sess.), § 3; and 2009, No. 154 (Adj. Sess.), § 181.

Former § 443, relating to preservation of oaths, was derived from V.S. 1947, § 3496. P.L. § 3419. G.L. § 3908. 1917, No. 97 , § 2 and amended by 1989, No. 200 (Adj. Sess.), § 5.

Annotations From Former § 441

1. Venue.

It is now generally considered that venue is not essential to validity of affidavit, and courts presume that officer who certifies to it acted within his jurisdiction. Sargent v. Shepard, 94 Vt. 351, 111 A. 447 (1920).

Where venue of affidavit certified by notary public is laid as "State of Vermont, Windsor County, as," it will be taken that affidavit was made and sworn to at some place in that county, which is within notary's jurisdiction. Sargent v. Shepard, 94 Vt. 351, 111 A. 447 (1920).

2. Jurat.

Omission of words "before me," preceding signature of notary, is not fatal to jurat to affidavit, it being presumed that affidavit was sworn to before notary who attached his signature to jurat. Sargent v. Shepard, 94 Vt. 351, 111 A. 447 (1920).

§ 444. Repealed. 1983, No. 194 (Adj. Sess.), § 2.

History

Former § 444. Former § 444, relating to seals, was derived from V.S. 1947, § 3498; P.L. § 3421; G.L. § 3910; P.S. § 3411; V.S. § 2966; R.L. § 2639; G.S. 12, § 88; R.S. 11, § 70; 1829, No. 22 , § 2; R. 1797, p. 387, § 1.

§§ 445, 446. Repealed. 2017, No. 160 (Adj. Sess.), § 5, eff. July 1, 2019.

History

Former §§ 445, 446. Former § 445, relating to powers, was derived from 1983, No. 194 (Adj. Sess.), § 3.

Former § 446, relating to liabilities, was derived from 1983, No. 194 (Adj. Sess.), § 4.

PART 2 Municipalities

Cross References

Cross references. Establishment of cable television systems by municipalities, 30 V.S.A. §§ 512 and 513.

CHAPTER 30. MUNICIPALITIES; GENERAL PROVISIONS

Sec.

§§ 601, 602. Repealed. 1983, No. 10, § 2, eff. March 18, 1983.

History

Former §§ 601, 602. Former sections 601 and 602 relating to community development, were derived from 1975, No. 77 , § 1. The subject matter is now covered by 10 V.S.A. § 681 et seq.

CHAPTER 31. TOWN MEETINGS AND ELECTIONS

Sec.

§§ 701-743. Repealed. 1977, No. 269 (Adj. Sess.), § 4(b).

History

Former §§ 701-743. Former § 701, relating to qualifications of a voter to vote in a municipal meeting, was derived from 1957, No. 224 , § 2; 1949, No. 25 , § 2; V.S. 1947, § 3499; 1944 S., No. 1, § 44; 1941, No. 47 ; 1935, No. 30 , § 3; P.L. § 3422; 1933, No. 40 §§ 1, 2; 1933, No. 157 , § 3192; No. 63, § 1; 1919, No. 95 , § 1; G.L. § 3916; 1917, No. 98 ; 1915, No. 111 , § 1; P.S. § 3416; 1904, No. 74 , § 1; 1904, No. 85 , § 1; 1902, No. 63 , § 1; V.S. § 2971; R.L. § 2644; 1869, No. 50 ; G.S. 15, § 1; R.S. 13, § 1; 1837, No. 14 ,; R. 1797, p. 282, § 1; R. 1787, p. 158, amended by 1966, No. 6 (Sp. Sess.); 1967, No. 2 , § 1; 1971, No. 90 , § 14, and previously repealed by 1973, No. 172 (Adj. Sess.), § 15. The subject matter is now covered by § 17 V.S.A. § 2121.

Former § 702, relating to annual meetings, was derived from V.S. 1947, § 3500; P.L. § 3423; 1933, No. 157 , § 3193; G.L. § 3917; 1917, No. 254 , § 3866; P.S. § 3418; V.S. § 2972; R.L. §§ 2645, 2646; 1880, No. 106 ; G.S. 15, §§ 2, 25; R.S. 13, §§ 2, 24; R. 1797, p. 282, § 1; R. 1797, p. 287, § 8; R. 1787, p. 158 and amended by 1961, No. 102 , § 1; 1975, No. 146 (Adj. Sess.), § 2. The subject matter is now covered by 17 V.S.A. § 2640.

Former § 703, relating to amendment of municipal charters, was derived from 1963, No. 120 and amended by 1969 No. 19; 1971, No. 178 (Adj. Sess.). The subject matter is now covered by 17 V.S.A. § 2645.

Former § 704, relating to time for posting warnings of town meetings, was derived from V.S. 1947, § 3501; P.L. § 3424. G.L. § 3918; P.S. § 3419; 1906, No. 91 , § 1; V.S. § 2973; 1888, No. 131 ; R.L. §§ 2647, 2652; G.S. 15 §§ 3, 4, 6; R.S. 13, §§ 3, 4, 6; R. 1797, p. 282, § 1; R. 1797, p. 292, § 15; R. 1787 p. 158 and amended by 1967, No. 273 (Adj. Sess.), § 5. The subject matter is now covered by 17 V.S.A. § 2641.

Former § 705, relating to contents of warnings of town meetings, was derived from 1951, No. 65 ; 1949, No. 70 , § 1; V.S. 1947, § 3502; P.L. § 3425; 1933, No. 157 , § 3195; G.L. § 3918, P.S. § 3419; 1906, No. 91 ; § 1; V.S. 2973; 1888, No. 131 ; R.L. §§ 2647, 2652; G.S. 15, §§ 3, 4, 6; R. S. 13, §§ 3, 4, 6; R. 1797, p. 282, § 1; R. 1797, p. 292, § 15; R. 1787, p. 158 and amended by 1967, No. 273 (Adj. Sess.), § 6; 1969, No. 170 (adj. Sess.), § 1. The subject matter is now covered by 17 V.S.A. § 2642.

Former § 706, relating to reconsideration and rescission of a question voted on at a town meeting, was derived from 1969, No. 170 (Adj. Sess.), § 2. The subject matter is now covered by 17 V.S.A. § 2661.

Former § 707, relating to special town meetings, was derived from 1953, No. 54 ; V.S. 1947, § 3503; P.L. § 3426; 1933, § 157, § 3196; G.L. § 3919; P.S. § 3420; V.S. § 2974; R.L. § 2649; G.S. 15, § 4; R.S. 13, § 4; R. 1797, p. 292, §§ 15, 16 and amended by 1961, No. 102 , § 2; 1969, No. 170 (Adj. Sess.), § 3. The subject matter is now covered by 17 V.S.A. § 2643.

Former § 708, relating to recording warnings of town meetings, was derived from V.S. 1947, § 3504; P.L. § 3427; 1933, No. 157 , § 3197; G.L. § 3918; P.S. § 3419; 1906, No. 91 , § 1; V.S. § 2973; 1888, No. 131 ; R.L. §§ 2647, 2652; G.S. 15, §§ 3, 4, 6; R.S. 13, §§ 3, 4, 6; R. 1797, p. 282, § 1; R. 1797, p. 292, § 15; R. 1787, p. 158. The subject matter is now covered by 17 V.S.A. § 2644.

Former § 709, relating to warning of town meetings when the office of one or more selectmen was vacant, was derived from V.S. 1947, § 3505; 1947, No. 202 , § 3527; P.L. § 3428; 1933, No. 157 , § 3198; G.L. § 3920; P.S. § 3421; V.S. 2975; R.L. § 2650; G.S. 15, § 5; R.S. 13, § 5.

Former § 710, relating to penalty for failure to warn of a town meeting, was derived from V.S. 1947, § 3506; P.L. § 3429; 1933, No. 157 , § 3199; G.L. § 3921; 1917, No. 254 , § 3870; P.S. § 3422; V.S. § 2976; R.L. § 2651; 1874, No. 55 ; 1868, No. 13 .

Former § 711, relating to prosecutions instituted before a justice, was derived from V.S. 1947, § 3507; P.L. § 3430; 1933, No. 157 , § 3200.

Former § 712, relating to who would call a town meeting to order, was derived from V.S. 1947, § 3508; P.L. § 3431; G.L. § 3922; P.S. § 3423; V.S. § 2977; 1888, No. 146 , § 1; R.L. 2653; G.S. 15, § 7; R.S. 13, § 7; R. 1797, p. 283, § 2. The subject matter is now covered by 17 V.S.A. § 2657.

Former § 713, relating to qualifications and election of town officers, was derived from V.S. 1947, § 3509; P.L. § 3432; 1933, No. 157 , § 3202; 1931, No. 47 ; 1919, No. 97 ; G.L. § 3925; 1917, No. 100 § 1; 1917, No. 254 , § 3874; 1912, No. 118 , § 1; 1910, No. 107 , § 1; 1908, No. 82 , § 1; P.S. § 3426; R. 1906, § 3302; 1906, No. 92 § 1; 1904, No. 76 , § 1; 1902, No. 55 , § 1; V.S. § 2980, 1892, No. 20 , §§ 4, 12; 1892, No. 56 , § 1; 1890, No. 5 , § 1; 1890, No. 43 , 1888, No. 9 , § 290; 1888, No. 146 , § 3; 1886, No. 14 ; 1884, No. 58 , § 1; R.L. §§ 2658, 2660, 2661; 1880, No. 67 ; 1870, No. 10 , § 5; 1866, No. 44 , § 1; 1864, No. 16 ; G.S. 15, §§ 13, 15; G.S. 25, § 33; 1859, No. 26 , § 1; 1848, No. 34 ; 1842, No. 12 ; R.S. 13, § 13; R. 1797, p. 283, § 2; R. 1797, p. 294, § 3; R. 1797, p. 287, § 10; R. 1787, p. 158 and was amended by 1967, No. 147 , § 53(b); 1971, No. 45 ; 1973, No. 63 , § 22; 1975, No. 151 (Adj. Sess.), § 3; 1977, No. 50 , § 1. The subject matter is now covered by 17 V.S.A. § 2646.

Former § 714, relating to appointments to fill vacancies in town offices, was derived from 1971, No. 210 (Adj. Sess.). The subject matter is now covered by 17 V.S.A. § 2682.

Former § 715, relating to number of votes required for election to office, was derived from V.S. 1947, § 3510; 1943, No. 38 , § 1; P.L. § 3433; 1933, No. 157 , § 3203; 1919, No. 97 ; G.L. § 3925; 1917, No. 100 , § 1; 1917, No. 254 , § 3874; 1912, No. 118 , § 1; 1910, No. 107 , § 1; 1908, No. 82 , § 1; P.S. § 3426; R. 1906, § 3302; 1906, No. 92 , § 1; 1904, No. 76 , § 1; 1902, No. 55 , § 1; V.S. § 2980; 1892, No. 20 , §§ 4, 12; 1892, No. 56 , § 1; 1890, No. 5 , § 1; 1890, No. 43 ; 1888, No. 9 , § 290: 1888, No. 146 , § 3; 1886, No. 14 ; 1884, No. 58 , § 1; R.L. §§ 2658, 2660, 2661; 1880, No. 67 ; 1870, No. 10 , § 5; 1866, No. 44 , § 1; 1864, No. 16 ; G.S. 15 §§ 13, 15; G.S. 25, § 33; 1859, No. 26 , § 1; 1848, No. 34 ; 1842, No. 12 ; R.S. 13, § 13; R. 1797, p. 283, § 2; R. 1797, p. 284, § 3; R. 1797, p. 287, § 10; R. 1787, p. 158. The subject matter is now covered by 17 V.S.A. § 2682.

Former § 716, relating to number of town officers, was derived from V.S. 1947, § 3511; P.L. § 3434; 1933, No. 157 , § 3204; 1919, No. 97 ; G.L. §§ 3925, 3928; 1917, No. 100 , § 1; 1917, No. 254 , § 3874; 1912, No. 118 , § 1; 1910, No. 107 , § 1; 1908, No. 82 , § 1; P.S. §§ 3426, 3428; R. 1906, No. 3302 ; 1906, No. 92 , § 1; 1904, No. 76 , § 1; 1902, No. 55 , § 1; V.S. § 2980; 1892, No. 20 , §§ 4, 12; 1892, No. 56 , § 1; 1890, No. 5 , § 1; 1890, No. 43 ; 1888, No. 9 , § 290; 1888, No. 146 , § 3; 1886, No. 14 ; 1884, No. 58 , § 1; R.L. §§ 2658, 2660, 2661; 1880, No. 67 ; 1870, No. 10 , § 5; 1866, No. 44 , § 1; 1864, No. 16 ; G.S. §§ 13, 15; G.S. 25, § 33; 1859, No. 26 , § 1; 1848, No. 34 ; 1842, No. 12 ; R.S. 13, § 13; R. 1797, p. 283, § 2; R. 1797, p. 284, § 3; R. 1797, p. 287, § 10; R. 1787, p. 158 and amended by 1973, No. 63 , § 17; 1975, No. 151 (Adj. Sess.), § 2; 1977, No. 50 , § 2. The subject matter is now covered by 17 V.S.A. § 2649.

Former § 717, relating to additional selectmen and listers, was derived from 1953, No. 250 , § 2; V.S. 1947, § 3512; P.L. § 3435; 1933, No. 157 , § 3205; 1919, No. 97 ; G.L. § 3925; 1917, No. 100 , § 1; 1917, No. 254 , § 3874; 1912, No. 118 , § 1; 1910, No. 107 , § 1; 1908, No. 82 , § 1; P.S. § 3426; R. 1906, § 3302; 1906, No. 92 , § 1; 1904, No. 76 , § 1; 1902, No. 55 , § 1; V.S. § .n 2980; 1892, No. 20 , §§ 4, 12; 1892, No. 56 , § 1; 1890, No. 5 , § 1; 1890, No. 43 ; 1888, No. 9 , § 290; 1888, No. 146 , § 3; 1886, No. 14 ; 1884, No. 58 , § 1; R.L. §§ 2658, 2660, 2661; 1880, No. 67 ; 1870, No. 10 , § 5; 1866, No. 44 , § 1; 1864, No. 16 ; G.S. 15, §§ 13, 15; G.S. 25, § 33; 1859, No. 26 , § 1; 1848, No. 34 ; 1842, No. 12 ; R.S. 13, § 13; R. 1797, p. 283, § 2; R. 1797, p. 284, § 3; R. 1797, p. 287, § 10; R. 1787, p. 158 and amended by 1967, No. 383 (Adj. Sess.); 1975, No. 11 , § 1. The subject matter is now covered by 17 V.S.A. § 2650.

Former § 718, relating to referendum on authorizing selectmen to appoint road and water commissioners, was derived from 1957, No. 243 ; V.S. 1947, § 3513; P.L. § 3436; 1933, No. 157 , § 3206; 1919, No. 97 ; G.L. § 3925; 1917, No. 100 , § 1, 1917, No. 254 , § 3874; 1912, No. 118 , § 1; 1910, No. 107 , § 1; 1908, No. 82 , § 1; P.S. § 3426; R. 1906, § 3302; 1906, No. 92 , § 1; 1904, No. 76 , § 1902, No. 55 , § 1; V.S. § 2980; 1892, No. 20 , §§ 4, 12; 1892, No. 56 , § 1; 1890, No. 5 , § 1; 1890, No. 43 ; 1888, No. 9 , § 290; 1888, No. 146 , § 3; 1886, No. 14 ; 1884, No. 58 , § 1; R.L. §§ 2658, 2660, 2661; 1880, No. 67 ; 1870, No. 10 , § 5; 1866, No. 44 , § 1; 1864, No. 16 , G.S. 15, §§ 13, 15; G.S. 25, § 33; 1859, No. 26 , § 1; 1848, No. 34 ; 1842, No. 12 ; R.S. 13, § 13; R. 1797, p. 283, § 2; R. 1797, p. 284, § 3; R. 1797, p. 287, § 10; R. 1787, p. 158, and previously repealed by 1973, No. 63 , § 22. The subject matter is now covered by 17 V.S.A. § 2652.

Former § 719, relating to appointment and removal of road and water commissioners, was derived from V.S. 1947, § 3514; P.L. § 3437; 1933, No. 157 , § 3207; 1919, No. 97 ; G.L. § 3925; 1917, No. 100 , § 1; 1917, No. 254 , § 3874; 1912, No. 118 , § 1; 1910, No. 107 , § 1; 1908, No. 82 , § 1; P.S. § 3426; R. 1906, § 3302; 1906, No. 92 , § 1; 1904, No. 76 , § 1; 1902, No. 55 , § 1; V.S. § 2980; 1892, No. 20 , §§ 4, 12; 1892, No. 56 , § 1; 1890, No. 5 , § 1; 1890, No. 43 ; 1888, No. 9 , § 290; 1888, No. 146 , § 3; 1886, No. 14 ; 1884, No. 58 , § 1; R.L. §§ 2658, 2660, 2661; 1880, No. 67 ; 1870, No. 10 , § 5; 1866, No. 44 , § 1; 1864, No. 16 ; G.S. 15, §§ 13, 15; G.S. 25, § 33; 1859, No. 26 , § 1; 1848, No. 34 ; 1842, No. 12 ; R.S. 13, § 13; R. 1797, p. 283, § 2; R. 1797, p. 284, § 3; R. 1797, p. 287, § 10; R. 1787, p. 158 and amended by 1973, No. 63 , § 18; 1975, No. 151 (Adj. Sess.), § 4; 1977, No. 50 , § 3. The subject matter is now covered by 17 V.S.A. § 2651.

Former § 719a, relating to referendum on authorizing selectmen to appoint road commissioners, was derived from 1975, No. 151 (Adj. Sess.), § 5 and amended by 1977, No. 50 , § 4. The subject matter is now covered by 17 V.S.A. § 2652.

Former § 720, relating to voting on town budgets, was derived from V.S. 1947, § 3515; P.L. § 3438; 1933, No. 157 , § 3208; G.L. §§ 4032, 4033; P.S. §§ 3530, 3531; 1906, No. 35 , §§ 3, 5; 1902, No. 18 , § 1; V.S. § 3083; R.L. § 2751; G.S. 15, § 95; R.S. 13, § 76; R. 1797, p. 291, § 14; 1787, p. 157 and amended by 1961, No. 14 , § 1. The subject matter is now covered by 17 V.S.A. § 2664.

Former § 721, relating to election of town officers by ballot, was derived from V.S. 1947, § 3523; P.L. § 3446; G.L. § 3930; P.S. § 3430; V.S. § 2983; R.L. § 2666; 1874, No. 57 ; G.S. 15, § 14; R.S. 13, § 15; 1834, No. 19 ; 1806, p. 101; R. 1797, p. 286, § 5 and amended by 1967, No. 147 , § 36. The subject matter is now covered by 17 V.S.A. § 2680.

Former § 722, relating to separate ballots for election of road commissioners, was derived from V.S. 1947, § 3524; P.L. § 3447; G.L. § 3932; P.S. § 3432; 1904, No. 85 , § 2, and previously repealed by 1973, No. 63 , § 22.

Former § 723, relating to closing polls and counting votes, was derived from V.S. 1947, § 3525, P.L. § 3448; 1933, No. 157 , § 3218; G.L. § 3933; P.S. § 3433; V.S. § 2985; R.L. § 2664; 1864, No.17 §§ 5, 6. The subject matter is now covered by 17 V.S.A. ch. 51, subch. 8.

Former § 724, relating to acceptance of office, was derived from V.S. 1947, § 3530; P.L. § 3453; 1933, No. 157 , § 3223; G.L. § 3939; P.S. § 3439; V.S. § 2990; R.L. § 2670; G.S. 15, §§ 17, 18, 20, R.S. 13 §§ 16, 17, 19; R. 1797, p. 288, § 11. The subject matter is now covered by 17 V.S.A. § 2653.

Former § 725, relating to refusal to accept election or appointment to office, was derived from V.S. 1947, § 3531; P.L. § 3454; 1933, No. 157 , § 3224; G.L. § 3940; P.S. § 3440; V.S. § 2991; R.L. § 2671; G.S. 15, § 19; R.S. 13, § 18; R. 1797, p. 288, § 11; R. 1787, p. 159. The subject matter is now covered by 17 V.S.A. § 2654.

Former § 726, relating to penalty for failure to perform the duties of lister after accepting the office, was derived from V.S. 1947, § 3532; P.L. § 3455; G.L. § 3941; P.S. § 3441; V.S. § 2992; R.L. § 2672; G.S. 83, § 49; 1855, No. 43 . § 45.

Former § 727, relating to moderator's duties, was derived from V.S. 1947, § 3536; P.L. § 3459; G.L. § 3946; P.S. § 3446; V.S. § 2996; 1888, No. 146 , § 1; R.L. § 2676; G.S. 15, § 10; R.S. 13, § 10; R. 1797, p. 283, § 2. The subject matter is now covered by 17 V.S.A. § 2658.

Former § 728, relating to preservation of order, was derived from V.S. 1947, § 3537; P.L. § 3460; G.L. § 3947; 1917, No. 254 , § 3896; P.S. § 3447; V.S. § 2997; R.L. § 2677; G.S. 15, §§ 11, 12; R.S. 13, §§ 11, 12,; R. 1797, p. 283, § 2; R. 1787, p. 157. The subject matter is now covered by 17 V.S.A. § 2659.

Former § 729, relating to use of Australian ballot system, was derived from 1953, No. 163 , §§ 1-3; V.S. 1947, § 3629; 1935, No. 10 § 3; P.L. § 3545; 1933, No. 157 , § 225; G.L. 232; 1917, No. 8 , § 1; 1912, No. 10 ; P.S. § 182; 1906, No. 5 § 1; V.S. § 131; 1894, No. 3 ; 1892, No.1, § 32 and amended by 1959, No. 154 ; 1963, No. 130 ; 1969, No. 7 § 2. The subject matter is now covered by 17 V.S.A. § 2680.

Former § 730, relating to candidates entitled to a recount, was derived from 1957, No. 186 , § 1; V.S. 1947, § 3630; P.L. § 3546; 1933, No. 157 , § 3288a; 1921, No. 95 , § 1. The subject matter is now covered by 17 V.S.A. § 2683.

Former § 731, relating to filing a petition for a recount, was derived from 1957, No. 186 , § 2; V.S. 1947, § 3631; P.L. § 3547; 1933, No. 157 , § 3288b; 1921, No. 95 , § 2. The subject matter is now covered by 17 V.S.A. § 2683.

Former § 732, relating to fees for recounts, was derived from V.S. 1947, § 3632; P.L. § 3548; 1933, No. 157 , § 3288c; 1921, No. 95 , § 3.

Former § 733, relating to time and notice of a recount, was derived from V.S. 1947, § 3633; P.L. § 3549; 1933. No. 157, § 3288d; 1921, No. 95 § 4. The subject matter is now covered by 17 V.S.A. § 2684.

Former § 734, relating to inspection of ballots, was derived from V.S. 1947, § 3634; P.L. § 3550; 1933, No. 157 , § 3288e; 1921, No. 95 , § 5. The subject matter is now covered by 17 V.S.A. § 2685.

Former § 735, relating to declaration of the result of a recount, was derived from V.S. 1947, § 3635; P.L. § 3551; 1933, No. 157 , § 3288f; 1921, No. 95 , § 6. The subject matter is now covered by 17 V.S.A. § 2686.

Former § 736, relating to appeal from a recount, was derived from V.S. 1947, § 3636; P.L. § 3552; 1933, No. 157 , § 3288g; 1921, No. 95 , § 7 and amended by 1973, No. 193 (Adj. Sess.), § / 3. The subject matter is now covered by 17 V.S.A. § 2687.

Former § 737, relating to recount of a referendum question, was derived from V.S. 1947, § 3637; P.L. § 3553; 1933, No. 157 , § 3288h; 1921, No. 95 , § 8. The subject matter is now covered by 17 V.S.A. § 2688.

Former § 738, relating to preservation of ballots, was derived from V.S. 1947, § 3638, P.L. § 3554; 1933, No. 157 , § 3288i; 1921, No. 95 § 9. The subject matter is now covered by 17 V.S.A. § 2689.

Former § 739, relating to rights and remedies of incumbents, was derived from V.S. 1947, § 3639; 1947, No. 202 , § 3661; P.L. § 3555; 1933, No. 157 , § 3288j; 1921, No. 95 , § 20.

Former § 740, relating to incompatible offices, was derived from 1949, No. 71 ; V.S. 1947, § 3521; 1935, No. 59 , § 1; P.L. § 3444; 1933, No. 157 , § 3214; 1921, No. 94 ; G.L. §§ 842, 3927; 1915, No. 39 , § 1; 1915, No. 119 , § 1; 1910, No. 40 § 1; 1910, No. 110 , § 1 P.S. §§ 3477, 3500; V.S. §§ 3026, 3050, 1892, No. 56 , § 17; R.L. §§ 2701, 2702, 2722; 1880, No. 111 ; 1878, No. 130 , 1874, No. 56 . The subject matter is now covered by 17 V.S.A. § 2647.

Former § 741, relating to exceptions, was derived from V.S. 1947, § 3522; P.L. § 3445; 1933, No. 157 , § 3215; 1921, No. 94 ; G.L. §§ 842, 3927; 1915, No. 39 , § 1915, No. 39 , § 1; 1915 116, § 1; 1912 No. 119, § 1; 1910, No. 40 , § 1; 1910, No. 110 , § 1; P.S. §§ 3477, 3500; V.S. §§ 3026, 3050; 1892, No. 56 , § 17; R.L. §§ 2701, 2702, 2722; 1880, No.111; 1878, No. 130 ; 1874, No. 56 . The subject matter is now covered by 17 V.S.A. § 2648.

Former § 742, relating to certification of votes on acts of General Assembly, was derived from V.S. 1947, § 3760; 1939, No. 65 , § 1. The subject matter is now covered by 17 V.S.A. § 2663.

Former § 743, relating to validation of municipal meetings, was derived from 1953, No. 172 . The subject matter is now covered by 17 V.S.A. § 2662.

CHAPTER 33. MUNICIPAL OFFICERS GENERALLY

SUBCHAPTER 1. BOARD OF CIVIL AUTHORITY

SUBCHAPTER 2. OATHS; BONDS

SUBCHAPTER 3. ORGANIZATION OF SELECTBOARD; APPOINTMENTS; POWERS

SUBCHAPTER 4. ACTIONS BY OR AGAINST OFFICERS; LIABILITY; PENALTIES

SUBCHAPTER 5. COMPENSATION AND CLAIMS

SUBCHAPTER 6. VACANCIES IN TOWN OFFICES

SUBCHAPTER 7. ANNUAL SETTLEMENTS; RECORDS; MONIES

SUBCHAPTER 8. INSPECTORS OF LUMBER; WIRING; WEIGHERS OF COAL

SUBCHAPTER 9. AGENT TO CONVEY REAL PROPERTY

SUBCHAPTER 10. PENSION SYSTEM; INSURANCE

SUBCHAPTER 11. PERSONNEL RULES

SUBCHAPTER 12. ENERGY COORDINATOR

SUBCHAPTER 13. ORDERS OR DECISIONS BY MUNICIPAL BOARDS OR COMMISSIONS

SUBCHAPTER 14. BUDGET COMMITTEE

Cross References

Cross references. Town clerks, see chapter 35 of this title.

Town, city, or village managers, see chapter 37 of this title.

Subchapter 1. Board of Civil Authority

§ 801. Composition; meetings.

The town clerk, selectboard members and justices residing in a town shall constitute the board of civil authority of such town. Meetings of the board shall be called by the town clerk, or by one of the selectboard members, on application, by giving written notice to each member, and by posting a notice in two or more public places in the town at least five days previous to the meeting. The board shall choose a chair, and the town clerk shall be its clerk. The act of a majority of the board present at the meeting shall be treated as the act of the board, except that when the board is dealing with election issues, 17 V.S.A. § 2103(5) shall control.

Amended 1979, No. 200 (Adj. Sess.), § 118.

History

Source. V.S. 1947, § 3614. P.L. § 3531. 1933, No. 157 , § 3297. G.L. § 3990. P.S. § 3489. V.S. § 3038. 1892, No. 52 . R.L. § 2710. G.S. 15, §§ 66, 68. 1847, No. 28 . R.S. 13, § 49.

2016. Substituted "selectboard members" for "selectmen" in two places in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

Amendments--1979 (Adj. Sess.). In the second sentence, substituted "written" for "personal" preceding "notice", "and" for "or" preceding "by posting" and "two" for "three" preceding "or more" and added "except that when the board is dealing with election issues, division (5) of section 2103 of Title 17 shall control" at the end of the section.

Cross References

Cross references. Appeal of property tax appraisal to board of civil authority, see 32 V.S.A. ch. 131, subch. 1.

ANNOTATIONS

1. Presence of nonmember.

Under this section, board's action in appeal by taxpayer from listers' decision was not vitiated because one person sitting thereon and voting was not qualified as member, where majority of those present and qualified voted to sustain listers. Federal Land Bank v. Flanders, 105 Vt. 204, 164 A. 539 (1933).

Subchapter 2. Oaths; Bonds

§ 831. Oaths.

The clerk, selectboard members, constables, listers, and fence viewers of a town shall be sworn before entering upon the duties of their offices. A record thereof shall be made by the town clerk.

Amended 2017, No. 93 (Adj. Sess.), § 19.

History

Source. V.S. 1947, § 3529. P.L. § 3452. G.L. § 3938. P.S. § 3438. V.S. § 2989. 1892, No. 51 . R.L. § 2669. 1872, No. 58 . G.S. 15, § 16. R.S. 13, § 14. R. 1797, p. 287, § 10. R. 1787, p. 158.

2016. Substituted "selectboard members" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

Amendments--2017 (Adj. Sess.). Deleted "grand jurors," following "listers,".

ANNOTATIONS

Analysis

1. Necessity of oath.
2. When administered.
3. Administration of oath.
4. Effect of failure to take oath.
5. Preliminary oath.
6. Evidence.

1. Necessity of oath.

It is of vital importance that officers enumerated be sworn before assuming their duties and that actual record of such oaths be kept in permanent form in records of town. 1948 Op. Atty. Gen. 365.

This section is mandatory, and must be substantially complied with, to give validity to list. Ayers v. Moulton, 51 Vt. 115 (1878).

2. When administered.

Oath is required each time elected person qualifies for new term of office. 1948 Op. Atty. Gen. 365.

3. Administration of oath.

Justice of peace is authorized to administer oath of office to town officer out of town meeting. Andrews v. Chase, 5 Vt. 409 (1833).

4. Effect of failure to take oath.

Town grand juror who has not taken oath of office is not grand juror de facto, and complaint made by him will be quashed. State v. Rollins, 65 Vt. 608, 27 A. 498 (1893).

Grand list was legal though oath of listers had not been recorded and though it did not appear that selectboard members, who assessed and certified tax, had been sworn. Day v. Peasley, 54 Vt. 310 (1881).

5. Preliminary oath.

No record of preliminary oath of listers need be made by town clerk. Wilmot v. Althrop, 67 Vt. 671, 32 A. 861 (1895).

6. Evidence.

Copy of record of defendant's election, in which word "sworn" appeared immediately after his name, was sufficient proof that he was sworn as law requires. Wilson v. Wheeler, 55 Vt. 446 (1882).

Copies of the warning and proceedings are admissible to prove the election of constable and listers, and that they were sworn, and parol evidence is admissible to prove it. Wilson v. Wheeler, 55 Vt. 446 (1882).

§ 832. Bonds; requirements.

Before the school directors, constable, road commissioner, collector of taxes, treasurer, assistant treasurer when appointed by the selectboard, clerk, and any other officer or employee of the town who has authority to receive or disburse town funds enter upon the duties of their offices, the selectboard shall require each to give a bond conditioned for the faithful performance of his or her duties: the school directors, to the town school district; the other named officers, to the town. The treasurer, assistant treasurer when appointed by the selectboard, and collector shall also be required to give a bond to the town school district for like purpose. All such bonds shall be in sufficient sums and with sufficient sureties as prescribed and approved by the selectboard. If the selectboard at any time considers a bond of any such officer or employee to be insufficient, it may require, by written order, the officer or employee to give an additional bond in such sum as it deems necessary. If an officer or employee, so required, neglects for ten days after such request to give such original or additional bond, his or her office shall be vacant. A bond furnished pursuant to the provisions of this section shall not be valid if signed by any other officer of the same municipality as surety thereon.

Amended 1959, No. 183 , § 2; 1967, No. 147 , § 36, eff. Oct. 1, 1968; 2011, No. 155 (Adj. Sess.), § 25.

History

Source. 1949, No. 73 . V.S. 1947, § 3533. 1935, No. 61 , § 1. P.L. § 3456. 1933, No. 41 . 1933, No. 157 , § 3226. G.L. § 3943. 1917, No. 254 , § 3892. P.S. § 3443. V.S. § 2994. 1892, No. 56 , § 3. 1886, No. 43 . R.L. § 2674. 1870, No. 35 . G.S. 15, §§ 26-29. 1854, No. 18 . R.S. 13, §§ 25, 26. 1816, p. 116. 1804, p. 102. R. 1797, p. 286, § 6.

Amendments--2011 (Adj. Sess.). Section amended generally.

Amendments--1967. Deleted "overseer of the poor".

Amendments--1959. Added provisions relating to assistant treasurer when appointed by selectboard.

ANNOTATIONS

Analysis

1. Duty of selectboard members.
2. Status of acts prior to bond.
3. Disqualification for failure to give bond.
4. Form of bond.
5. Actions on bond.
6. Evidence.
7. Application.

1. Duty of selectboard members.

There is no duty imposed by law upon individual selectboard members under this section to require bonds therein described, but collective action by the selectboard must be taken in the matter of requiring the bond. State v. Baldwin, 116 Vt. 112, 70 A.2d 242 (1950).

When one is elected constable it is duty of selectboard first to move in matter and require bond, to fix its amount and kind of security, and their neglect to require bond, not constable's neglect to give one, causes vacancy in office, if there be one. Weston v. Sprague, 54 Vt. 395 (1882).

2. Status of acts prior to bond.

One legally elected constable who serves as such though he has neglected to furnish bond within time prescribed by statute, selectboard never having required it, is a de facto, if not a de jure officer; and sureties on his bond given several months after his election are liable for his delinquencies in appropriating public funds to his own use. Weston v. Sprague, 54 Vt. 395 (1882).

Service of writ by constable before he has given bail is valid, if made before any request for bail has been made of him by selectboard than inquiry "when he was going to give bail," and before any refusal on his part to give bail or any interference on the part of town with discharge of his official duties. Bank of Middlebury v. Rutland & Wash. R.R., 30 Vt. 159 (1858).

Person elected constable may discharge his duties without having executed bond to town if it has not been required of him, or if its execution and delivery are delayed with the consent of selectboard, and he may legally act as constable until his office is vacated by selectboard on his refusal to execute bond to their satisfaction. Langdon v. Rutland & Wash. R.R., 29 Vt. 212 (1857).

Constable derives his official powers from his election and statute defining his powers and he is not required to give bonds until selectboard of town specifies amount, name securities, and request due execution of bonds, and he can execute duties of office until these steps are taken. Bowman v. Barnard, 24 Vt. 355 (1852).

3. Disqualification for failure to give bond.

To disqualify constable on account of his not furnishing bail, there must be not only definite demand of bail by selectboard, but also peremptory refusal to allow him to proceed with his official duties, either in the present tense, or after a certain limited period of indulgence. Bank of Middlebury v. Rutland & Wash. R.R., 30 Vt. 159 (1859).

4. Form of bond.

Schedule form of bond submitted by surety company, which in effect substitutes undertaking of surety for the principal's bond and limits its liability, is not in accordance with requirements of this section. 1958-60 Op. Atty. Gen. 44.

Fact that instrument written in form of bond but not under seal, executed by one elected constable, did not occasion vacancy in office. Wilson v. Wheeler, 55 Vt. 446 (1882).

5. Actions on bond.

If first constable neglects for ten days after request by selectboard to furnish an official bond, Supreme Court will render judgment of ouster against him upon information for quo warranto. State v. Buchanan, 65 Vt. 445, 27 A. 166 (1893).

Prior demand of payment need not be averred in a suit upon a constable's or collector's official bond, nor need a proceeding be had to procure an extent against the collector himself, suit upon bond being cumulative remedy. Middlebury v. Nixon, 1 Vt. 232 (1828).

6. Evidence.

Where question was whether defendant was qualified as collector of taxes, it was shown by parol that he gave bond that was accepted by selectboard. Taylor v. Moore, 63 Vt. 60, 21 A. 919 (1890).

Cited. Couture v. Selectmen of Berkshire, 121 Vt. 359, 159 A.2d 78 (1960).

7. Application.

Statute provides that before a town officer or employee who is authorized to receive or disburse town funds embarks on his or her duties, the selectboard shall require that person to give a bond conditioned for the faithful performance of his or her duties, and all such bonds shall be in sufficient sums and with sufficient sureties as prescribed and approved by the selectboard. Even if this statute were found to apply to city officials, there is nothing in the statute creating a right of action and the statute imposes no duty on officials other than the duty to obtain a bond; here, there was no evidence as to whether the city official did or did not obtain a bond, so declaratory relief on this issue was not warranted. Osier v. Burlington Telecom, 201 Vt. 483, 144 A.3d 1024 (2016).

§ 833. Approval; record; evidence.

On the approval of a bond required by section 832 of this title, the selectboard of a town shall file the same in the office of the town clerk to be recorded by such clerk in a book kept for that purpose. Copies thereof duly certified by such clerk shall be evidence in court as if the original were produced.

History

Source. V.S. 1947, § 3534. P.L. § 3457. 1933, No. 41 . 1933, No. 157 , § 3227. G.L. § 3944. P.S. § 3444. 1898, No. 61 , § 1.

2016. Substituted "selectboard" for "selectmen" in the first sentence in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

ANNOTATIONS

1. Filing.

Binding or pasting original town officers' bonds in binder, complete with proper index specially maintained for such purpose, was lawful discharge of town clerk's duties to file and record bonds. 1952-54 Op. Atty. Gen. 279.

§ 834. Neglect of clerk or constable; indemnity.

A town shall make good the pecuniary damages which may accrue to a person by the neglect or default of the town clerk or constable of such town, to be recovered in a civil action on this statute.

History

Source. V.S. 1947, § 3535. P.L. § 3458. 1933, No. 157 , § 3228. G.L. § 3945. P.S. § 3445. V.S. § 2995. R.L. § 2675. G.S. 15, § 30. R.S. 13, § 27. 1816, p. 117. 1804, p. 103.

Revision note. Substituted "a civil action" for "an action of tort" to conform to Rule 2, Vermont Rules of Civil Procedure, pursuant to 1971, No. 185 (Adj. Sess.), § 236(d). See note under 4 V.S.A. § 219.

ANNOTATIONS

Analysis

1. Nature of liability.
2. Period of liability.
3. Requisites for cause of action.
4. Accrual of cause of action.
5. Neglect or default.
6. Causation.
7. Mandamus against officer.
8. Pleading.
9. Parties.
10. Evidence.
11. Damages.

1. Nature of liability.

Liability of town is equally original and direct as that of delinquent town clerk or constable, and no previous recovery or suit against officer is necessary in order to perfect right of action against town for his default. Lyman v. Windsor, 24 Vt. 575 (1852).

Town is liable for default of its constable, in first instance, and suit against constable is not indispensable to charge town. McGregor v. Walden, 14 Vt. 450 (1842); Bramble v. Poultney, 11 Vt. 208 (1839).

2. Period of liability.

Town is liable under this section for neglect or default of constable, for property under attachment by him, so long as his duty as attaching officer continues, and duty of constable to care for property attached by him does not cease when his term of office expires. Lowell v. Stannard, 90 Vt. 443, 98 A. 925 (1916).

Suits may be brought and maintained against town after death of constable for his default as such in service of processes during life. Martin v. Wells, 43 Vt. 428 (1871).

3. Requisites for cause of action.

To maintain suit against town under this section, for constable's neglect to complete attachment, enabling another creditor to secure priority by mortgage lien, attaching creditor need not obtain judgment in such suit against debtor, since record of such judgment would be inadmissible against town. Roberge v. Troy, 105 Vt. 134, 163 A. 770 (1932).

Action against town for neglect of constable in not levying, collecting, and returning execution cannot be sustained by proof of his having actually collected execution, but neglected to pay money to creditor. Barber v. Benson, 9 Vt. 171 (1837).

4. Accrual of cause of action.

In action of tort against town for constable's neglect to complete attachment, plaintiff's cause of action arose when constable failed to complete attachment, and where, by reason of such neglect, another creditor obtained priority by mortgage lien, plaintiff could recover such actual damages as he sustained by officer's negligence, or nominal damages in any event. Roberge v. Troy, 105 Vt. 134, 163 A. 770 (1932).

5. Neglect or default.

Where property attached by constable was receipted for and, while in control of receiptor, sold by defendant, fact that constable thereupon took actual possession of goods remaining unsold, thereby releasing receiptor from further liability, was not, standing alone, such neglect or default as would make town of which constable was an officer liable under this section. Lowell v. Stannard, 90 Vt. 443, 98 A. 925 (1916).

It is duty of town clerk to provide alphabet or index for book used for recording evidences respecting titles to lands or real estate, and to keep and preserve same with same truthfulness and care he is required to exercise in keeping books of record, and when injury has been sustained by anyone, by reason of neglect in this respect, town is liable. Hunter v. Windsor, 24 Vt. 327 (1852).

Where plaintiff in action against town and town clerk for breach of official duty of town clerk alleged that clerk refused to show record and concealed incumbrance in his official capacity, though allegedly inquired of in such capacity, cause of action was stated. Lyman v. Windsor, 24 Vt. 575 (1852).

6. Causation.

To enable party to sue for neglect, it must appear that neglect was cause of damage sustained. Hunter v. Windsor, 24 Vt. 327 (1852).

7. Mandamus against officer.

Where town sought mandamus to compel town clerk to discontinue photostatic process of recording instruments, and to recopy all records so made, defense of lack of sufficient interest to maintain action was unavailing, since town was liable for damages accruing through neglect or default of town clerk, under this section. Bennington v. Booth, 101 Vt. 24, 140 A. 157 (1927), (See § 1154 of this title.)

8. Pleading.

Town would not be held liable under this section where complaint was not brought under this section and claim of liability under this section was made for the first time on appeal. Morse v. King, 137 Vt. 49, 398 A.2d 299 (1979).

9. Parties.

Joint action may be maintained against the officer and the town. Lyman v. Windsor, 24 Vt. 575 (1852).

10. Evidence.

In action of tort against town under this section for constable's neglect to complete attachment, question that only evidence in case is that property which constable attempted to attach belonged to debtor and wife could not be raised by exception to judgment. Roberge v. Troy, 105 Vt. 134, 163 A. 770 (1932).

If judgment of which town had no notice was rendered against constable, it was not conclusive evidence against the town of default and neglect of constable. Bramble v. Poultney, 11 Vt. 208 (1839).

11. Damages.

Expenses incurred by judgment creditor in prosecuting suit against receiptor for personal property under attachment, is not damage accruing by neglect or default of constable which town is required to make good under this section. Lowell v. Stannard, 90 Vt. 443, 98 A. 925 (1916).

Measure of damages in action against town by purchaser of land sold by constable for taxes, to recover for constable's neglect in his proceedings, in consequence of which no valid title was conveyed by his deed, is amount of money paid by purchaser for the deed, with interest. Saulters v. Victory, 35 Vt. 351 (1862).

§ 835. Payment of premiums.

Bonds required of officers of a municipality shall be paid for by the municipality requiring the same.

History

Source. V.S. 1947, § 3791. P.L. § 3696. 1933, No. 157 , § 3469a. 1919, No. 229 .

Subchapter 3. Organization of Selectboard; Appointments; Powers

§ 871. Organization of selectboard; appointments.

Forthwith after its election and qualification, the selectboard shall organize and elect a chair and, if so voted, a clerk from among its number, and file a certificate of such election for record in the office of the town clerk.
The selectboard shall appoint a tree warden, who need not be a resident of the municipality, and may appoint from among the registered voters the following officers who shall serve until their successors are appointed and qualified and shall certify the appointments to the town clerk who shall record the same:
1. three fence viewers;
2. a poundkeeper, for each pound; voting residence in the town need not be a qualification for this office provided appointee gives his or her consent to the appointment;
3. one or more inspectors of lumber, shingles, and wood;
4. one or more weighers of coal;
5. one town service officer; and
6. one grand juror.
After the selectboard appoints a tree warden, the selectboard shall certify the appointment to the Commissioner of Forests, Parks and Recreation. The certification shall include contact information for the appointed tree warden.
Amended 1963, No. 74 , § 2; 2007, No. 121 (Adj. Sess.), § 18; 2015, No. 71 (Adj. Sess.), § 2; 2017, No. 93 (Adj. Sess.), § 2; 2019, No. 171 (Adj. Sess.), § 1, eff. Nov. 1, 2020.

History

Source. V.S. 1947, § 3516. P.L. § 3439. 1933, No. 157 , § 3209. 1919, No. 97 . G.L. §§ 3925, 3926. 1917, No. 100 , § 1. 1917, No. 254 , §§ 3874, 3875. 1915, No. 113 . 1912, No. 118 , §§ 1, 2. 1910, No. 107 , §§ 1, 2. 1910, No. 108 , § 1. 1908, No. 82 , § 1. P.S. §§ 3426, 3427. R. 1906, § 3302. 1906, No. 92 , § 1. 1904, No. 76 , § 1. 1902, No. 55 , § 1. V.S. § 2980. 1892, No. 20 , §§ 4, 12. 1892, No. 56 , § 1. 1890, No. 5 , § 1. 1890, No. 43 . 1888, No. 9 , § 290. 1888, No. 146 , § 3. 1886, No. 14 . 1884, No. 58 , § 1. R.L. §§ 2658, 2660, 2661. 1880, No. 67 . 1870, No. 10 , § 5. 1869, No. 51 . 1866, No. 44 , § 1. 1864, No. 16 . G.S. 15, §§ 13, 15. G.S. 25, § 33. 1859, No. 26 , § 1. 1848, No. 34 . 1842, No. 12 . 1824, p. 11. R.S. 13, § 13. R. 1797, p. 293, § 2. R. 1797, p. 284, § 3. R. 1797, p. 287, § 10. R. 1787, p. 158.

Amendments--2019 (Adj. Sess.). Subsec. (b): In the introductory language, deleted "thereupon" twice and "from among the registered voters," inserted "who need not be a resident of the municipality," and substituted "the" for "such" following "shall certify."

Subsec. (c): Added.

Amendments--2017 (Adj. Sess.). Added the subsec. (a) and (b) designations and in subsec. (b), substituted "registered" for "legally qualified" preceding "voters" in two places, and added subdiv. (b)(6).

Amendments--2015 (Adj. Sess.). Subdiv. (5): Added.

Amendments--2007 (Adj. Sess.) Substituted "The selectboard shall thereupon appoint from among the legally qualified voters a tree warden and may" for "Such selectmen shall" in the second sentence of the introductory paragraph, deleted former subdiv. (5), and made minor stylistic and gender neutral changes throughout the section.

Amendments--1963. Subdiv. (2): Added "voting residence in the town need not be a qualification for this office provided appointee gives his consent to the appointment".

ANNOTATIONS

1. Construction with other laws.

It was the intent of the Legislature, under this section and § 713 of this title, that selectboard members should and can function as a board and that in most instances they must so function in order that their acts may have force. State v. Baldwin, 116 Vt. 112, 70 A.2d 242 (1950).

§ 872. Selectboard; general powers and duties.

The selectboard shall have the general supervision of the affairs of the town and shall cause to be performed all duties required of towns and town school districts not committed by law to the care of any particular officer.
The selectboard shall annually, on or before July 31, acknowledge receipt of and review the document made available by the Auditor of Accounts pursuant to 32 V.S.A. § 163(11) regarding internal financial controls and which has been completed and provided to the selectboard by the treasurer pursuant to section 1571 of this title.
The selectboard may require any other officer or employee of the town who has the authority to receive or disburse town funds to complete and provide to the selectboard a copy of the document made available by the Auditor of Accounts pursuant to 32 V.S.A. § 163(11) . The officer or employee shall complete and provide the document to the selectboard within 30 days of the selectboard's requirement. The selectboard shall acknowledge receipt of and review the completed document within 30 days of receiving it from the officer or employee.
Amended 2011, No. 155 (Adj. Sess.), § 26.

History

Source. V.S. 1947, § 3560. P.L. § 3483. G.L. § 3969. 1917, No. 254 , § 3918. P.S. § 3467. V.S. § 3016. 1888, No. 11 , § 3. R.L. § 2692. G.S. 15, § 45. R.S. 13, § 41. R. 1797, p. 284, § 3. R. 1787, p. 158.

Amendments--2011 (Adj. Sess.). Substituted "selectboard" for "selectmen" in the section heading and in subsec. (a); added the subsec. (a) designation; and added subsecs. (b) and (c).

ANNOTATIONS

Analysis

1. Supervisory powers.
2. Quasi-judicial functions.
3. Borrowing.
4. Receipt of moneys.
5. Purchases.
6. Contracts.
7. Arbitration.
8. Legal matters.
9. Rewards.
10. Tax bills.
11. Ordinances.
12. Liability.
13. Town clerk.
14. Road commissioner.
15. Leases.
16. Library trustees.

1. Supervisory powers.

Absent some specific statutory limitation on their authority, the selectboard have the general supervisory power over town matters. Kirchner v. Giebink, 150 Vt. 172, 552 A.2d 372 (1988).

Although constituted as a legislative body, the selectboard has general supervision of the town affairs and is required to undertake many administrative duties imposed and authorized by statutory law concerning the safety, convenience, and health of the townspeople. Lawton v. Town of Brattleboro, 128 Vt. 525, 266 A.2d 816 (1970).

A formal vote of the electorate is not an indispensable prerequisite to the selectboard's authority to function in the area of duties authorized and imposed by statute and concerning the safety, health, and convenience of the townspeople. Lawton v. Town of Brattleboro, 128 Vt. 525, 266 A.2d 816 (1970).

Selectboard has general supervision of town and their authority approximates that of general agents. Kaeser v. Starksboro, 116 Vt. 389, 77 A.2d 831 (1950).

2. Quasi-judicial functions.

Selectboard of town constitutes a quasi-judicial tribunal. In re Mattison, 120 Vt. 459, 144 A.2d 778 (1958).

Duties of selectboard as to maintenance and repair of highways are of quasi-judicial nature. Daniels v. Hathaway, 65 Vt. 247, 26 A. 970 (1892).

3. Borrowing.

Selectboard may borrow money from time to time as necessities of town require and may pledge credit of town to meet its current bills without vote of town. 1932 Op. Atty. Gen. 92.

Selectboard may authorize treasurer to borrow money in its stead or ratify his acts in that behalf. 1932 Op. Atty. Gen. 98.

Selectboard members of town are its prudential officers and have authority to borrow money for its use, or to authorize town treasurer to do so in their stead, or ratify his acts in that behalf. New Haven v. Weston, 87 Vt. 7, 86 A. 996 (1912).

4. Receipt of moneys.

Authority given to selectboard over prudential affairs of town does not authorize it to receive monies of town and execute discharges therefor. Middlebury v. Rood, 7 Vt. 125 (1835).

5. Purchases.

Municipality may not purchase machinery for sole purpose of renting it; the renting must be incidental to its real use for public purposes. 1932 Op. Atty. Gen. 276.

Vote of village trustees to purchase ledge outside village limits and locate stone crusher at it for purpose of providing stone to be used on streets, is an official act. Bates v. Horner, 65 Vt. 471, 27 A. 134 (1893).

6. Contracts.

Where town charter granted town authority to provide for collection and disposal of garbage and other refuse and authorized the selectboard to regulate and control the collection and disposal, town selectboard's letting of contract for the work without a prior vote of the town was the proper exercise of an administrative duty affecting the community's safety, convenience, and health. Lawton v. Town of Brattleboro, 128 Vt. 525, 266 A.2d 816 (1970).

Selectboard members of town in laying out highways are engaged in public and governmental undertaking, and are officers of State, but in this work they are agents of town in matter of engaging surveyors, buying materials, and employing help to construct road, and as long as they act within scope of their authority in these matters they bind town by their contracts. Stalbird v. Washington, 106 Vt. 213, 172 A. 623 (1934).

Selectboard of town had power to ratify contract made by foreman appointed by State highway commissioner involving purchase of stone wall for highway use, provided it acted in good faith and for best interests of town as it thought. Stalbird v. Washington, 106 Vt. 213, 172 A. 623 (1934).

7. Arbitration.

Selectboard has right to submit to arbitration claims against towns growing out of insufficiency of highways, and town is bound by award. Hollister v. Pawlet, 43 Vt. 425 (1871).

8. Legal matters.

Vote of town "to direct the town agent to manage the lawsuits as he thinks best," would not limit general authority of selectboard over subject. Cabot v. Britt, 36 Vt. 349 (1863).

Selectboard of town has power to settle and stop suit against party brought to recover penalty for not removing obstruction from highway under order of selectboard. Cabot v. Britt, 36 Vt. 349 (1863).

It is within scope of implied powers of selectboard to protect interests of town by employing counsel in road cases when town agent employs none and makes no objection to employment by selectmen; assent of town agent will be presumed where no dissent is shown. Burton v. Inhabitants of Norwich, 34 Vt. 345 (1861).

Selectboard of town cannot, without a vote of town for that purpose, discharge interest of witness so as to render him competent; neither can that be done by agent, appointed to defend suit, by virtue of his general powers as agent. Angel v. Pownal, 3 Vt. 461 (1831).

9. Rewards.

Selectboard cannot bind town by offer of reward for arrest and conviction of person guilty of removing body from its grave in a cemetery in town, where town's property was not injured and no statute cast upon town burden of prosecuting for such offenses. Spafford v. Norwich, 71 Vt. 78, 42 A. 970 (1898).

Selectboard members who, without authority, offer reward in name of town do not render themselves personally liable to one who acts upon and fulfills its conditions; for such person is bound to know, as well as they, that they have no such authority. Spafford v. Norwich, 71 Vt. 78, 42 A. 970 (1898).

10. Tax bills.

Selectboard under this section have control of an invalid tax bill; thus, where plaintiff, receiving tax bill as collector, advanced and paid into treasury amount of same and, when its illegality was discovered by selectboard, it instructed him not to force collections and promised to repay him what he did not collect by voluntary payment, promise was binding on town and payment by the collector was not under the ban of voluntary payment. Miles v. Albany, 59 Vt. 79, 7 A. 601 (1886).

11. Ordinances.

Legislative power delegated to a municipality by the State must be exercised to the legislators to whom it is granted, and an ordinance enacted by selectboard under a power delegated to the voters is without legal force and effect. Lawton v. Town of Brattleboro, 128 Vt. 525, 266 A.2d 816 (1970).

12. Liability.

Municipal officer is not liable to private individual for result of act that is strictly within his official powers and duties. Bates v. Horner, 65 Vt. 471, 27 A. 134 (1893).

13. Town clerk.

Under this section, selectboard has no express power to require town clerk who keeps his records in lawful manner to conform to its ideas as to what method he shall use, and notice attempting so to do is without authority. Bennington v. Booth, 101 Vt. 24, 140 A. 157 (1927).

Selectboard members of town were not personally liable for injury sustained through defect in a public highway in that town. Daniels v. Hathaway, 65 Vt. 247, 26 A. 970 (1892).

14. Road commissioner.

There is no authority in selectboard of a town to prescribe method by which road commissioner performs his duties, nor any power to prevent his carrying out of his official responsibilities by imposition by them of arbitrary restrictions. Couture v. Selectmen of Berkshire, 121 Vt. 359, 159 A.2d 78 (1960).

Neither road commissioner nor town selectboard can rightfully prevent each other's proper performance of duties by wrongfully denying access to necessary equipment. Couture v. Selectmen of Berkshire, 121 Vt. 359, 159 A.2d 78 (1960).

15. Leases.

The lease of public land for 15 years with an option to renew fell within the supervisory power of the selectboard, despite the town's prior vote to limit leases to 15 years. L'Esperance v. Town of Charlotte, 167 Vt. 162, 704 A.2d 760 (1997).

16. Library trustees.

Even though town selectboards and town managers have general supervisory powers over town affairs, pursuant to 22 V.S.A. § 143(a), library trustees have the "full power to manage" municipal public libraries, including the authority to set the level of compensation for the town librarian. Hartford Bd. of Library Trustees v. Town of Hartford, 174 Vt. 598, 816 A.2d 512 (mem.) (2002).

Cited. Town of Fair Haven v. Stannard, 111 Vt. 49, 10 A.2d 214 (1939).

§ 873. Repealed. 1967, No. 147, § 53(b), eff. Oct. 1, 1968.

History

Former § 873. Former § 873, relative to power of selectmen, was derived from V.S. 1947, § 3592; 1935, No. 61 , § 2; P.L. § 3514; G.L. § 3992; P.S. § 3491; V.S. § 3040; 1890, No. 43 , § 1; 1884, No. 58 , § 1.

Subchapter 4. Actions by or Against Officers; Liability; Penalties

§ 901. Actions by or against town officers.

Where an action is given to any appointed or elected municipal officer or town school district officer, the action shall be brought in the name of the town in which the officer serves and in the case of a town school district officer in the name of the town school district. If the action is given against such officers, it shall be brought against such town or town school district, as the case may be.
The municipality shall assume all reasonable legal fees incurred by an officer when the officer was acting in the performance of his or her duties and did not act with any malicious intent.
Amended 1967, No. 147 , § 36, eff. Oct. 1, 1968; 1973, No. 235 (Adj. Sess.), § 1.

History

Source. V.S. 1947, § 3660. P.L. § 3575. G.L. § 4043. 1917, No. 254 , § 3993. P.S. § 3538. V.S. § 3086. R.L. § 2752. G.S. 85, § 16. R.S. 78, § 13. 1817, p. 113.

Amendments--1973 (Adj. Sess.). Section amended generally.

Amendments--1967. Deleted "overseer of the poor".

ANNOTATIONS

Analysis

1. Contracts.
2. Notes.
3. Bonds.
4. Parties.
5. Construction with other laws.
6. Fees.
7. Waiver of immunity.

1. Contracts.

Contract with selectboard as such is enforceable in name of town. Grand Isle v. Kinney, 70 Vt. 381, 41 A. 130 (1898).

2. Notes.

Note made payable to selectboard of town must be used on in name of town. Middlebury v. Case, 6 Vt. 165 (1834).

3. Bonds.

On bond given to selectboard of town, conditioned for the performance of a duty for the town, action may be sustained in name of town. Fairfax v. Soule, 10 Vt. 154 (1838).

4. Parties.

24 V.S.A. § 901(a) required that an action that residents filed against an incorporated village and village trustees be brought solely against the village because § 901 applied to officers of all municipal corporations. The village was a municipality under 1 V.S.A. § 126, and the trustees were municipal officers. Merrill v. Village of N. Troy, - F. Supp. 2d - (D. Vt. Dec. 19, 2008).

Suits against police officers acting in their official capacities must be brought against the municipality. Hee v. Everlof, 812 F. Supp. 1350 (D. Vt. 1993).

5. Construction with other laws.

Superior Court acted correctly in dismissing plaintiff firefighter's discrimination action against fire chief under the Vermont Fair Employment Practices Act because this section required that the action be brought against the city. Gallipo v. City of Rutland, 173 Vt. 223, 789 A.2d 942 (2001).

Since village fire chief is a "public officer" subject to 24 V.S.A. § 1313, he may be sued in his individual capacity as fire chief and is not entitled to summary judgement under 24 V.S.A. § 901(a), which would require injured firefighter to bring his negligence action against the village. Holmberg v. Brent, 161 Vt. 153, 636 A.2d 333 (1993).

If an individual is both a "municipal officer" under 24 V.S.A. § 901(a) and a "duly appointed public officer" of a village under 24 V.S.A. § 1313, then only § 1313 may apply to actions against the individual. Holmberg v. Brent, 161 Vt. 153, 636 A.2d 333 (1993).

6. Fees.

Regardless of whether the selectboard followed the correct procedures when it raised a town treasurer's bond requirement, the intent of the statute providing legal fees to municipal officers is not to provide attorney's fees to municipal employees who have disputes with the town regarding the termination of their employment. Stone v. Town of Irasburg, 196 Vt. 356, 98 A.3d 769 (2014).

7. Waiver of immunity.

Statute governing actions by and against town officers effects a limited waiver of municipal immunity; thus, in a case arising from the alleged negligence of a road commissioner, the statute placed the town in the road commissioner's shoes, subject to any defenses available to the road commissioner. Civetti v. Turner, - Vt. - , 233 A.3d 1056 (Apr. 3, 2020).

Cited. Hudson v. Town of East Montpelier, 161 Vt. 168, 638 A.2d 561 (1993).

§ 901a. Tort claims against municipal employees.

As used in this section, "municipal employee" means any person employed for a wage or salary by a municipality; a volunteer whose services have been requested by the legislative body of a municipality; a volunteer whose services have been requested by a municipal officer; or a volunteer whose services have been requested by an employee of the municipality acting within the scope of the employee's authority.
When the act or omission of a municipal employee acting within the scope of employment is alleged to have caused damage to property, injury to persons, or death, the exclusive right of action shall lie against the municipality that employed the employee at the time of the act or omission; and no such action may be maintained against the municipal employee or the estate of the municipal employee.
When a municipality assumes the place of a municipal employee in an action as provided in subsection (b) of this section, the municipality may assert all defenses available to the municipal employee, and the municipality shall waive any defense not available to the municipal employee, including municipal sovereign immunity.
1. The municipality shall defend and indemnify a municipal employee for any legal costs if a municipal employee is improperly named as a defendant in a proceeding. (d) (1) The municipality shall defend and indemnify a municipal employee for any legal costs if a municipal employee is improperly named as a defendant in a proceeding.
2. The municipality shall defend or, when a cause of action contains elements not covered by insurance, reimburse legal defense and expense costs incurred by a municipal employee in the event that a municipal employee is named as a party under subsection (e) of this section and the employee is dismissed from the matter before the entry of a judgment by the court or the acts or omissions of the employee are determined not to be willful, intentional, or outside the scope of the employee's authority.
This section shall not apply to an act or omission of a municipal employee that was willful, intentional, or outside the scope of the employee's authority.
When two or more conflicting statutes provide protection to a municipal employee whose act or omission is alleged to have caused damage to property, injury to persons, or death, a court shall apply the statute that grants greater protection to the municipal employee.
Added 2003, No. 62 , § 1; see effective date note below.

History

Effective date of 2003 enactment. 2003, No. 62 , § 5(b) provides that Sec. 1 [which enacts this section] and Sec. 3 [which amends 24 V.S.A 1981] shall take effect for acts and omissions occurring on or after July 1, 2003.

ANNOTATIONS

Analysis

1. Intentional or willful act.
2. Applicability.

1. Intentional or willful act.

Because statute plainly excluded willful and intentional acts, town did not assume officer's place in grandfather's claims for false arrest, malicious prosecution, and intentional infliction of emotional distress and was shielded from liability by doctrine of municipal immunity; town was not shielded from liability for gross negligence claims, but those claims failed because officer did not owe grandfather legally enforceable duty of care. Simuro Ex Rel. K.S. v. Shedd, 176 F. Supp. 3d 358 (D. Vt. Mar. 31, 2016).

2. Applicability.

Statute governing tort claims against municipal employees, which expressly waives municipal immunity and puts the town in the shoes of its employees in the context of claims for negligence, applied to claims stemming from the alleged negligence of a road commissioner. Civetti v. Turner, - Vt. - , 233 A.3d 1056 (Apr. 3, 2020).

Definition of "municipal employee" includes any person employed for a wage or salary by a municipality - as well as volunteers whose services have been formally requested by municipal officers, employees, or legislative bodies. This broad definition of "municipal employee" contains no qualification suggesting an intent to exclude people employed for a wage or salary by a municipality when they are statutory town officers. Civetti v. Turner, - Vt. - , 233 A.3d 1056 (Apr. 3, 2020).

§ 902. Penalty.

Unless otherwise provided, a town officer who fails or neglects to perform a duty imposed upon him or her by law shall be fined not more than $100.00.

History

Source. V.S. 1947, § 3661. P.L. § 3576. 1933, No. 157 , § 3331.

ANNOTATIONS

1. Liability.

Under this section selectboard member is liable for ordinary or simple neglect to perform duty. State v. Baldwin, 116 Vt. 112, 70 A.2d 242 (1950).

§ 903. Nonliability of municipal officers for money paid out.

An action shall not be maintained against a person for money paid out by him or her as an officer of a municipal corporation in accordance with a vote of such corporation, whether such vote was valid or not.

History

Source. V.S. 1947, § 3790. P.L. § 3695. G.L. § 4153. P.S. § 3621. 1896, No. 59 , § 1.

Subchapter 5. Compensation and Claims

§ 931. Claims for personal services.

Claims for personal services, except where compensation is fixed by law or by vote of the town or town school district, shall not be allowed to a town or town school district officer, but the auditors shall report claims and the nature and extent of the services at such meeting.

History

Source. V.S. 1947, § 3517. 1904, No. 77 , § 14. P.S. §§ 3510, 3631. V.S. § 3060. R.L. § 2728. G.S. 15, § 85. P.L. § 3440. 1933, No. 157 , § 3210. G.L. §§ 4011, 4173. 1917, No. 254 , § 3959. 1860, No. 21 , § 2.

ANNOTATIONS

Analysis

1. Lister's compensation.
2. Alderman's compensation.
3. Tax collector.
4. Vote.

1. Lister's compensation.

Lister can recover only such compensation for his services as town votes him, in case where long usage is not element. Senna v. Kennedy, 68 Vt. 172, 34 A. 691 (1896); Barnes v. Bakersfield, 57 Vt. 375 (1885).

2. Alderman's compensation.

There is no authority in general law for payment of compensation to aldermen, unless awarded by voters of city. McFarland v. Gordon, 70 Vt. 455, 41 A. 507 (1898).

3. Tax collector.

Collector cannot maintain action against town, where selectboard caused taxes to be collected through some other agency, for what he would have realized from their collection, although by law it was his duty to collect them. Woodward v. Rutland, 61 Vt. 316, 17 A. 797 (1889).

4. Vote.

Town officer cannot recover pay for his services unless by express vote of town, or an equivalent. Boyden v. Brookline, 8 Vt. 284 (1836).

§ 932. Town may vote compensation.

A town may vote to compensate any or all town officers for their official services. Such town in annual meeting may fix the compensation of such officers and of town employees.

History

Source. V.S. 1947, § 3518. P.L. § 3441. 1933, No. 157 , § 3211. G.L. §§ 220, 3942, 4006. 1917, No. 254 , §§ 222, 3954. P.S. §§ 170, 3442, 3505. R. 1906, § 156. 1902, No. 3 , § 1. V.S. §§ 2993, 3055. R.L. §§ 2673, 2724. G.S. 15, §§ 24, 82. R.S. 13, §§ 23, 63. R. 1797, p. 287, § 7.

§ 933. Selectboard may fix; when.

When a town does not fix the amount of the compensation to be paid such officers and town employees, the selectboard shall fix and determine the same except as to their own pay which shall be fixed by the auditors at the time of the annual town audit. If the town has voted to eliminate the office of auditor and the voters fail to fix the compensation to be paid to members of the selectboard, selectboard members shall be compensated at the rate at which they were compensated during the immediately preceding year.

Amended 1997, No. 83 (Adj. Sess.), § 3.

History

Source. V.S. 1947, § 3519. P.L. § 3442. 1933, No. 157 , § 3212. G.L. §§ 220, 3993, 4173. 1917, No. 254 , § 222. P.S. §§ 170, 3492, 3631. R. 1906, § 156. 1904, No. 77 , § 14. 1902, No. 3 , § 1. V.S. § 3041. 1890, No. 43 , § 2. 1884, No. 58 , § 3.

Amendments--1997 (Adj. Sess.). Substituted "selectboard" for "selectmen" in the section heading and in the first sentence, and added the second sentence.

Law review commentaries

Law review. For note, "A Crisis in Confidence: Municipal Officials Under Fire," see 16 Vt. L. Rev. 579 (1992).

§ 934. Selectboard to adjudicate claims.

The selectboard shall audit and in its discretion may allow claims against the town and draft orders therefor.

History

Source. V.S. 1947, § 3520. P.L. § 3443. 1933, No. 157 , § 3213. G.L. § 3973. P.S. § 3471. V.S. § 3020. R.L. § 2695. G.S. 15, § 52. R.S. 13, § 47.

2016. Substituted "selectboard" for "selectmen" in the section heading and in the text and "its" for "their" preceding "discretion", in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

ANNOTATIONS

Analysis

1. Arbitration.
2. Claims by selectboard members.

1. Arbitration.

Selectboard has power to submit to arbitration any claims against the town, as it is authorized to audit and adjust; and town will be bound by award made in pursuance of such submission. Dix v. Dummerston, 19 Vt. 262 (1847).

If town appoints agent to compromise disputed claim for damages on account of road laid across plaintiff's land by selectboard, such agent may refer question of amount to be paid to arbitrators; and town will be bound by award. Schoff v. Bloomfield, 8 Vt. 472 (1836).

2. Claims by selectboard members.

Where defendant's selectboard members, acting, as they supposed, in discharge of their official duty, paid large sum of money in endeavoring to ascertain liability of town upon its subscription in aid of railroad, presented items of their expenditure to town auditors, who found that expenditures were made, and issued orders upon town treasurer to themselves, or bearer, for their reimbursement, such orders did not bind the town, since it was no part of auditors' duty to audit and allow such claims, and since selectboard members, who being themselves claimants and therefore in no position to represent adverse interests of the town, had no authority to draw them. Davenport v. Johnson, 49 Vt. 403 (1877).

Subchapter 6. Vacancies in Town Offices

§ 961. Vacancy or suspension of officer's duties.

When a municipal officer resigns the officer's office, has been removed from the office, dies, becomes unable to perform the officer's duties due to a mental condition or psychiatric disability, or removes from town, the office shall become vacant. Notice of this vacancy shall be posted by the legislative body in at least two public places in the municipality, and in and near the municipal clerk's office, within 10 days of the creation of the vacancy.
In the event there are so many vacancies on the legislative body that a quorum cannot be achieved, the remaining member or members of the legislative body shall be authorized to draw orders for payment of continuing obligations and necessary expenses until the vacancies are filled pursuant to section 963 of this title.
The legislative body of a county, municipality, or special purpose district may designate a person to perform the duties of an officer whose duties have been suspended as a condition of release pending trial for violating 13 V.S.A. § 2537 .
When a municipal officer refuses or neglects within 30 days of election or appointment to take an oath of office pursuant to section 831 of this title, the office shall become vacant. However, the office shall not be deemed vacant until the legislative body of the municipality has warned a regular meeting for that purpose and affords the municipal officer the opportunity to take the oath of office at the meeting.
Amended 1981, No. 239 (Adj. Sess.), § 27; 1993, No. 115 (Adj. Sess.), § 1, eff. March 30, 1994; 2007, No. 169 (Adj. Sess.), § 5; 2013, No. 96 (Adj. Sess.), § 150; 2021, No. 16 , § 1.

History

Source. 1949, No. 25 , § 3. V.S. 1947, § 3526. 1947, No. 202 , § 3548. 1935, No. 60 , § 1. P.L. § 3449. 1933, No. 157 , § 3219.

Amendments--2021. Subsecs. (a) and (b): Amended generally.

Subsec. (d): Added.

Amendments--2013 (Adj. Sess.). Subsec. (a): Substituted "becomes unable to perform his or her duties due to a mental condition or psychiatric disability," for "becomes insane" in the first sentence following "or dies, or" in the first sentence.

Amendments--2007 (Adj. Sess.). Catchline: Inserted "or suspension of officer's duties" following "Vacancy".

Subsec. (c): Added.

Amendments--1993 (Adj. Sess.). Designated the existing provisions of the section as subsec. (a), added "or her" following "resigns" in the first sentence of that subsection, and added subsec. (b).

Amendments--1981 (Adj. Sess.). Section amended generally.

§ 962. Special meeting.

A town at a special meeting may fill a vacancy in a town office.

History

Source. V.S. 1947, § 3527. P.L. § 3450. G.L. § 3935. P.S. § 3435. V.S. § 2987. R.L. § 2667. 1864, No. 17 . G.S. 15, § 21. R.S. 13, § 20. R. 1797, p. 290, § 13. 1793, p. 48. R. 1787, p. 33.

§ 963. Duties of selectboard; special meeting.

When a vacancy occurs in any town office, the selectboard forthwith by appointment in writing shall fill such vacancy until an election is had; except that in the event of vacancies in a majority of the selectboard at the same time, such vacancies shall be filled by a special town meeting called for that purpose.
The selectboard shall file an appointment made under this section in the office of the town clerk and the town clerk shall duly record it in the book of town records.
If there are no selectboard members in office, the Secretary of State shall call a special election to fill any vacancies and for that interim shall appoint and authorize the town clerk or another qualified person to draw orders for payment of continuing obligations and necessary expenses until the vacancies are filled.
Amended 1981, No. 239 (Adj. Sess.), § 28; 1993, No. 115 (Adj. Sess.), § 2, eff. March 30, 1994; 2017, No. 50 , § 60.

History

Source. 1949, No. 72 . V.S. 1947, § 3528. 1947, No. 202 , § 3550. P.L. § 3451. 1933, No. 157 , § 3221. 1923, No. 64 , § 1. G.L. § 3936. P.S. § 3436. V.S. § 2988. R.L. § 2668. 1878, No. 85 , § 3. 1872, No. 57 . 1870, No. 34 . G.S. 15, §§ 22, 41. R.S. 13, §§ 21, 37. 1823, p. 24.

2016. In the first sentence substituted "selectboard" for "board of selectpersons" to use the standard name for that municipal legislative body.

Amendments--2017. Section heading: Substituted "selectboard" for "selectpersons".

Subsecs. (a)-(c): Added the subsec. designations.

Subsec. (a): Substituted "selectboard" for "selectpersons".

Subsec. (b): Amended generally.

Subsec. (c): Substituted "selectboard members" for "selectpersons".

Amendments--1993 (Adj. Sess.). Substituted "selectpersons" for "selectmen" wherever it appeared and "the town clerk" for "him" following "recorded by" in the second sentence and added "and for that interim shall appoint and authorize the town clerk or another qualified person to draw orders for payment of continuing obligations and necessary expenses until the vacancies are filled" following "to fill any vacancies" in the third sentence.

Amendments--1981 (Adj. Sess.). Substituted "vacancies in a majority of" for "more than one vacancy on" following "in the event of" in the first sentence and added the third sentence.

ANNOTATIONS

Analysis

1. Extent of power.
2. Single vacancy.

1. Extent of power.

Selectboard had no authority to make new appointment to any town office unless vacancy occurred in one of modes specified in the statute. Cummings v. Clark, 15 Vt. 653 (1843).

2. Single vacancy.

As to filling a single vacancy on the Town of Brattleboro selectboard, the town charter prevails because it is more specific to the town than this section. Town of Brattleboro v. Garfield, 180 Vt. 90, 904 A.2d 1157 (June 16, 2006).

Subchapter 7. Annual Settlements; Records; Monies

§ 991. Records to be delivered to successor.

When a town or town school district office becomes vacant by expiration of the term of office of the incumbent, or otherwise, and a successor is elected or appointed, on demand, he or she shall be entitled to receive from the last incumbent of the office or anyone having possession of the same the records, files, books, and papers of such office, or property of the town or the town school district, as the case may be. A person having such records, files, books, papers, or other property in his or her possession who refuses for ten days after such demand to surrender the same shall be fined $10.00 for each week's refusal.

History

Source. V.S. 1947, § 3609. P.L. § 3526. 1933, No. 157 , § 3291. G.L. § 4012. 1917, No. 254 , § 3960. P.S. § 3511. V.S. § 3061. R.L. §§ 2687, 2720, 2847. 1884, No. 25 . G.S. 15, §§ 40, 75. G.S. 20, § 33. R.S. 13, §§ 36, 57. R. 1797, p. 279, § 22. R. 1797, p. 284, § 3. R. 1797, p. 295, § 23.

§ 992. Annual settlements; penalty.

Not less than 25 days before each annual town meeting, all officials and other persons authorized to receive or disburse money belonging to a town shall settle their accounts with the auditors of such town, and the treasurer shall include in such settlement his or her accounts as town school district treasurer. When an officer refuses or neglects to make such settlement, he or she shall be ineligible to reelection for the year ensuing.

History

Source. V.S. 1947, § 3610. P.L. § 3527. 1933, No. 157 , § 3292. 1923, No. 65 , § 1. G.L. § 4013. 1917, No. 254 , § 3961. 1915, No. 117 , § 3. 1912, No. 120 , § 3. P.S. § 3512. V.S. § 3062. 1892, No. 56 , § 14. R.L. § 2734. 1880, No. 113 , § 3.

Revision note. Deleted "of" preceding "his accounts as town school district treasurer" at the end of the first sentence to correct a grammatical error.

ANNOTATIONS

1. Time for settlement.

Under this section, accounts of town liquor agency may be settled as of January 31 each year. State v. Town of Brattleboro, 68 Vt. 520, 35 A. 472 (1896).

§ 993. Money to be paid over; penalty.

When a person who has served as a town or a town school district officer does not at the expiration of his or her term of office forthwith pay to the proper treasurer all money in his or her hands belonging to the town or town school district, he or she shall be fined not more than $200.00. The town or town school district, as the case may be, may recover such money of such person in a civil action on this statute.

History

Source. V.S. 1947, § 3611. P.L. § 3528. G.L. § 4014. 1917, No. 254 , § 3962. P.S. § 3513. V.S. § 3063. R.L. §§ 2720, 2721, 2848. G.S. 15, §§ 75, 76. G.S. 20, §§ 34, 35. R.S. 13, §§ 57, 58. R.S. 16, §§ 29, 30. R. 1797, p. 279, § 22. R. 1797, p. 284, § 3.

Revision note. Substituted "a civil action" for "an action of contract" to conform to Rule 2, Vermont Rules of Civil Procedure, pursuant to 1971, No. 185 (Adj. Sess.), § 236(d). See note under 4 V.S.A. § 219.

Subchapter 8. Inspectors of Lumber; Wiring; Weighers of Coal

§ 1031. Inspector of lumber, shingles, and wood.

At the request of any party interested, an inspector of lumber, shingles, and wood shall examine and classify the quality of lumber and shingles, measure lumber, shingles, and wood, and give certificates thereof.

History

Source. V.S. 1947, § 3612. P.L. § 3529. 1933, No. 157 , § 3295. G.L. § 4015. 1917, No. 254 , § 3963. P.S. §§ 3514, 6261. V.S. §§ 3064, 5372. R.L. §§ 2729, 4516. 1869, No. 51 . G.S. 125, § 8. R.S. 105, § 7. 1802, p. 76.

§ 1032. Weigher of coal.

A weigher of coal shall be sworn and shall not be directly or indirectly interested in the sale of coal. Upon request of the seller or purchaser, he or she shall weigh all coal sold in his or her town.

History

Source. V.S. 1947, § 3613. P.L. § 3530. G.L. § 4016. 1910, No. 108 , § 1. P.S. § 3427. 1906, No. 92 , § 1. 1902, No. 55 , § 1. V.S. § 2980. P.L. § 2658. 1869, No. 51 . G.S. 15, § 13. 1842, No. 12 . R.S. 13, § 13. 1824, p. 11. R. 1797, p. 284, § 3. R. 1787, p. 158.

Cross References

Cross references. Sale of coal, see 9 V.S.A. § 2700.

§ 1033. Inspector of wiring.

A municipality may authorize the selectboard, mayor and board of aldermen, or trustees to appoint an inspector of electric wiring and fix his or her compensation.

History

Source. V.S. 1947, § 3763. P.L. § 3666. 1933, No. 157 , § 3437. 1921, No. 109 .

2016. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

Revision note - "Mayor, and board of aldermen" was added pursuant to V.S. 1947, § 3759, codified as § 2001 of this title.

Cross References

Cross references. Municipal inspection of electrical installations, see 26 V.S.A. § 898.

Subchapter 9. Agent to Convey Real Property

§ 1061. Conveyance of real estate.

1. If the legislative body of a town or village desires to convey municipal real estate, the legislative body shall give notice of the terms of the proposed conveyance by posting a notice in at least three public places within the municipality, one of which shall be in or near the municipal clerk's office. Notice shall also be published in a newspaper of general circulation within the municipality. The posting and publication required by this subsection shall occur at least 30 days prior to the date of the proposed conveyance. Unless a petition is filed in accordance with subdivision (2) of this subsection, the legislative body may authorize the conveyance. (a) (1) If the legislative body of a town or village desires to convey municipal real estate, the legislative body shall give notice of the terms of the proposed conveyance by posting a notice in at least three public places within the municipality, one of which shall be in or near the municipal clerk's office. Notice shall also be published in a newspaper of general circulation within the municipality. The posting and publication required by this subsection shall occur at least 30 days prior to the date of the proposed conveyance. Unless a petition is filed in accordance with subdivision (2) of this subsection, the legislative body may authorize the conveyance.
2. If a petition signed by five percent of the legal voters of the municipality objecting to the proposed conveyance is presented to the municipal clerk within 30 days of the date of posting and publication of the notice required by subdivision (1) of this subsection, the legislative body shall cause the question of whether the municipality shall convey the real estate to be considered at a special or annual meeting called for that purpose. After the meeting, the real estate may be conveyed unless a majority of the voters of the municipality present and voting vote to disapprove of the conveyance.
As an alternative to the procedures set forth in subsection (a) of this section, the legislative body may elect to have the voters decide, at an annual or special meeting warned for that purpose, whether the real estate should be conveyed. If a majority of the voters of the municipality present and voting vote to approve the proposed conveyance, the real estate may be conveyed.
Notwithstanding the provisions of subsections (a) and (b) of this section, the legislative body of a town or village may authorize the conveyance of municipal real estate if the conveyance:
1. Is directly related to the control, maintenance, construction, relocation, or abandonment of highways.
2. Is directly related to the control, maintenance, operation, improvement, or abandonment of a public water, sewer, or electric system.
3. Involves real estate used for housing or urban renewal projects under chapter 113 of this title.
4. Involves lease land pursuant to chapter 65, subchapter 1 of this title.
Subject to the provisions of subsections (a) and (b) of this section, real estate owned by a city, town, village, or town school district may be conveyed by an agent designated by the legislative body for that purpose, and the conveyance shall be under the hand and seal of the agent. The legislative body shall certify the designation of an agent and have the certificate recorded by the clerk.
Nothing in this section shall be construed to impair or affect the authority or responsibility of any municipality or the legislative body thereof with respect to any real estate held or acquired in a fiduciary capacity.
Nothing in this section shall be construed to impair or affect any provisions in a charter of a town or village involving the conveyance of real estate.
Amended 1993, No. 151 (Adj. Sess.), § 1; 2017, No. 152 (Adj. Sess.), § 2; 2019, No. 84 (Adj. Sess.), § 2.

History

Source. V.S. 1947, § 3656. P.L. § 3571. 1923, No. 68 . G.L. § 4031. 1917, No. 254 , § 3981. P.S. § 3529. V.S. § 3082. R.L. § 2750. G.S. 15, § 98. R.S. 13, § 80.

Amendments--2019 (Adj. Sess.). Subsec. (d): Subsection amended generally.

Amendments--2017 (Adj. Sess.). Subdiv. (c)(4): Added.

Amendments--1993 (Adj. Sess.). Section amended generally.

Applicability--1993 (Adj. Sess.) amendment. 1993, No. 151 (Adj. Sess.), § 2, provided: "This act [which amended this section] shall not apply to a town or village in which the legislative body entered into good faith negotiations to convey real estate before the effective date of this act [July 1, 1994] as evidenced by a memorandum of understanding or other similar writing."

Subchapter 10. Pension System; Insurance

§ 1091. Pension system.

A municipality having a population of at least 5,000 according to the latest preceding U.S. census may adopt a pension system for its employees. However, a municipality having a population of less than 5,000 may adopt a pension system for its employees, if such municipality at its annual meeting so votes by a two-thirds vote of the voters present and voting.

History

Source. 1949, No. 81 . V.S. 1947, § 3792. 1947, No. 45 , § 1. P.L. § 3697. 1933, No. 157 , § 3470. 1929, No. 61 , § 1.

Cross References

Cross references. Municipal employees' retirement system, see chapter 125 of this title.

§ 1092. Insurance contracts.

By its legislative branch, as defined by section 1751 of this title, a municipal corporation may contract in the name of the municipality with an insurance company authorized to do business in this State to secure the benefits of all forms of insurance for the employees of the municipality, and for all forms of liability insurance but not limited to liability insurance to cover motor vehicles owned and operated by the municipality, and drivers thereof, and for fire, extended coverage, general liability insurance to cover public building, premises, and activities of the municipality, and liabilities which may accrue to the municipality under sections 901 and 902 of this title on any terms and conditions as to contributions and costs as the legislative branch shall determine. Provisions for the insurance heretofore made by a municipality are hereby approved. In addition, a municipal corporation may secure insurance to cover liabilities which may accrue to the municipality under section 901 of this title.

Amended 1959, No. 211 , § 2; 1967, No. 266 (Adj. Sess.), § 1, eff. March 6, 1968; 1973, No. 235 (Adj. Sess.), § 2; 1975, No. 122 , § 1, eff. April 22, 1975.

History

Source. V.S. 1947, § 3793. 1943, No. 43 , § 1.

Amendments--1975. In the last sentence substituted "may" for "shall" secure insurance.

Amendments--1973 (Adj. Sess.). Omitted the words "as owner" following the words "in the name of the municipality". Added provisions to provide for liabilities which may accrue under sections 901 and 902.

Amendments--1967 (Adj. Sess.). Provided for purchase of all forms of liability insurance.

Amendments--1959. Added the provisions relating to fire, extended coverage, and liability insurance to cover public buildings.

Cross References

Cross references. Insurance coverage as constituting waiver of sovereign immunity, see 29 V.S.A. § 1403.

ANNOTATIONS

Analysis

1. Purpose.
2. Construction.
3. Coverage.
4. Worker's compensation.
5. Waiver of immunity.

1. Purpose.

The purpose of this section is to grant discretionary authority to a municipality to contract for various kinds of insurance as a shield against liability claims if it so desires. Medlar v. Aetna Insurance Company, 127 Vt. 337, 248 A.2d 740 (1968).

2. Construction.

The plain, ordinary meaning of the word "may" in this section indicates that this section is permissive and not mandatory in its character and application. Medlar v. Aetna Insurance Company, 127 Vt. 337, 248 A.2d 740 (1968).

3. Coverage.

There is no language in this section that declares it mandatory that drivers of motor vehicles owned and operated by municipality must be covered against all tort liability, thus city could contract for less than complete liability coverage for drivers of city-owned motor vehicles. Medlar v. Aetna Insurance Co., 127 Vt. 337, 248 A.2d 740 (1968).

4. Worker's compensation.

Where provisions of Workmen's Compensation Act provides for benefits to injured employee of municipality, provision of city's automobile liability insurance that with respect to any person other than named insured it does not apply to employee with respect to injury to another employee injured in the course of his employment in an accident arising out of maintenance or use of a motor vehicle in the business of employer was not in violation of this section and did not have as its object, operation or tendency any surrender of rights prejudicial to the public welfare or interest. Medlar v. Aetna Insurance Co., 127 Vt. 337, 248 A.2d 740 (1968).

5. Waiver of immunity.

This section does not impose an absolute duty on city to carry liability insurance on its motor vehicles and drivers but if there is insurance coverage the defense of governmental immunity is not available to the municipality since it is waived by provisions of 29 V.S.A. § 1403. Medlar v. Aetna Insurance Company, 127 Vt. 337, 248 A.2d 740 (1968).

Cited. Town of Milton v. Brault, 132 Vt. 377, 320 A.2d 630 (1974); Roman Catholic Diocese v. Winooski Housing Authority, 137 Vt. 517, 408 A.2d 649 (1979).

Subchapter 11. Personnel Rules

§ 1121. Authority to adopt.

A municipality may adopt rules relating to personnel administration, including the following: job classification, tenure, retirement, pensions, leaves of absence, vacations, holidays, hours of work, group insurance, salaries, layoff, reinstatement, promotion, demotion, dismissal, transfer, injury, settlement of disputes, and appeals.
The personnel rules may apply to any or all employees of a municipality, including officers and employees of a fire department or police department maintained by the municipality. Rules adopted by the selectboard of a town under this subchapter shall not apply to employees of a town school district.
Added 1969, No. 170 (Adj. Sess.), § 4, eff. March 2, 1970.

History

2016. In subsec.(b), substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

ANNOTATIONS

Analysis

1. Construction.
2. Retroactive provisions.
3. Library trustees.

1. Construction.

While this section empowers municipalities to adopt personnel regulations, the authority is conveyed through the permissive "may" and should not be read as necessarily restricting a municipality's power to dismiss its employees to local rules that the municipality may or may not adopt. Gadue v. Essex Junction, 133 Vt. 282, 336 A.2d 182 (1975).

2. Retroactive provisions.

Absent express statutory or constitutional language to the contrary, the ability to enact retroactive provisions to firefighter' pension ordinance may be necessarily and fairly implied from the powers that have been expressly granted to municipalities to adopt firefighter pensions. Burlington Fire Fighters' Ass'n v. City of Burlington, 149 Vt. 293, 543 A.2d 686 (1988).

3. Library trustees.

§ 1122. Procedure for adoption.

Rules adopted under authority of this subchapter shall be deemed to be administrative and may be adopted by majority vote of the legislative body of a municipality. Sections 1971-1975 of this title shall not apply to rules adopted under this subchapter.

Added 1969, No. 170 (Adj. Sess.), § 4, eff. March 2, 1970.

ANNOTATIONS

Analysis

1. Construction.
2. Purpose.
3. Retroactive provisions.

1. Construction.

While 24 V.S.A. § 1122 allows the legislative body of a municipality to adopt rules relating to personnel matters, including promotions, it does not mandate such a procedure or make it the exclusive procedure. Gallipo v. City of Rutland, 163 Vt. 83, 656 A.2d 635 (1994).

2. Purpose.

By enacting this section, empowering municipalities to adopt personnel regulations by a majority vote of the municipal legislative body rather than by the procedures set forth in chapter 59 of this title, ordinarily applicable to promulgation of rules and ordinances, the Legislature intended to make personnel matters subject to regulation by local officials, so long as the regulations promulgated afford police officers tenure during good behavior, the opportunity for hearing, and removal only for cause. Martin v. Town of Springfield, 141 Vt. 554, 450 A.2d 1135 (1982).

3. Retroactive provisions.

Subchapter 12. Energy Coordinator

§ 1131. Energy coordinator; duties.

The legislative body of a municipality may appoint, and determine the length of term for, an energy coordinator.
An energy coordinator shall coordinate existing energy resources in the town and cooperate with the municipal planning commission and with those federal, State, and regional agencies of government which are responsible for energy matters.
An energy coordinator may study and evaluate sources of energy which are alternatives to those presently available with a view toward the more efficient and economical utilization of existing and potential energy resources.
An energy coordinator shall make periodic reports of his or her activities to the legislative body as it may require and may perform such other duties, studies, or examinations as may be required by the legislative body.
Added 1975, No. 226 (Adj. Sess.), § 3; amended 2007, No. 1 , § 1.

History

Amendments--2007. Subsec. (a): Substituted "The legislative body of a municipality may appoint and determine the length of term for" for "At an annual meeting warned for that purpose, a town may authorize the selectmen to appoint for a one year term".

Subsec. (d): Inserted "or her" following "his"; substituted "legislative body" for "selectmen" in two places and "it" for "they".

Subchapter 13. Orders or Decisions by Municipal Boards or Commissions

§ 1141. Boards or commissions; orders.

Any decision or order approved for issue by a board, commission, committee, agency, or authority of any municipal corporation, including the legislative body of a municipal corporation, which is required by law to be in writing, may be signed by the chair or vice chair on behalf of the issuing body.

Added 1983, No. 190 (Adj. Sess.), § 3, eff. April 27, 1984.

History

2016 Substituted "chair" for "chairman" and "vice-chair" for "vice-chairman" in accordance with 2013, No. 161 , § 72.

Subchapter 14. Budget Committee

§ 1147. Advisory budget committee creation; duties.

If a municipality creates an advisory budget committee as provided in 17 V.S.A. § 2646 , the committee shall evaluate the municipality's budget and make recommendations to the selectboard for the budget based on its findings.

Added 2013, No. 106 (Adj. Sess.), § 2.

CHAPTER 35. TOWN CLERKS

Sec.

§ 1151. Certificate of election; oath.

A town clerk shall file with the county clerk a certificate of his or her election or appointment and a copy of his or her official oath on or before six days after election or appointment. The moderator shall sign the certificate if the clerk is elected at an open town meeting. The chair of the board of civil authority shall sign the certificate if the clerk is elected by Australian ballot. The selectboard members shall sign the certificate if the clerk is appointed.

Amended 1989, No. 200 (Adj. Sess.), § 6.

History

Source. V.S. 1947, § 3538. P.L. § 3461. G.L. § 3948. P.S. § 3448. V.S. § 2998. 1884, No. 62 , § 1.

2016. Substituted "selectboard members" for "selectmen" in the last sentence in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

Amendments--1989 (Adj. Sess.). Section amended generally.

§ 1152. Record of proceedings of meetings.

The clerk shall record all proceedings of all town meetings and his or her record shall be deemed to be the true and official record of all action taken at that meeting provided it has been approved and attested by any two of the following town officers present at the meeting: moderator, selectboard members, and justices of the peace. The clerk shall request approval within seven days after each meeting and his or her request shall be given prompt consideration. Nothing in this section shall be construed to prohibit use of tape recorders or other recording devices or stenographic service.

Amended 1969, No. 168 (Adj. Sess.).

History

Source. V.S. 1947, § 3539. P.L. § 3462. G.L. § 3949. P.S. § 3449. V.S. § 2999. R.L. § 2678. G.S. 15, § 31. R.S. 13, § 28. R. 1797, p. 293, § 20. R. 1797, p. 156.

2016. Substituted "selectboard members" for "selectmen" in the first sentence in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

Revision note - In last sentence "section" was substituted for "act" to conform reference to V.S.A. classification.

Amendments--1969 (Adj. Sess.). Section amended generally.

ANNOTATIONS

1. Corrections.

Town clerk may correct error which he has made in his record, so that it accord with truth. Hoag v. Durfey, 1 Aik. 286 (1826).

§ 1153. Card indices.

All general indices required by law to be kept by a town or city clerk may be kept by the card index system, with the consent and approval of the selectboard or board of aldermen. When so kept, such card index shall provide as full and complete information as is now required by law for the keeping of general indices by a town clerk.

History

Source. V.S. 1947, § 3540. 1947, No. 202 , § 3562. P.L. § 3463. 1933, No. 157 , § 3233. G.L. § 3950. 1908, No. 83 .

2016. Substituted "selectboard" for "selectmen" in the first sentence in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

§ 1154. Records; copies.

A town clerk shall record in the land records, at length or by accurate, legible copy, in books to be furnished by the town:
1. deeds;
2. instruments or evidences respecting real estate;
3. writs of execution, other writs or the substance thereof, and the returns thereon;
4. hazardous waste site information and hazardous waste storage, treatment, and disposal certifications established under 10 V.S.A. chapter 159;
5. underground storage tank information under 10 V.S.A. chapter 59;
6. municipal land use permits (as defined in section 4303 of this title) or notices of municipal land use permits as provided for in subsection (c) of this section, notices of violation of ordinances or bylaws relating to municipal land use, and notices of violation of municipal land use permits;
7. denials of municipal land use permits;
8. permits, design certifications, installation certifications, and other documents required to be filed by the provisions of 10 V.S.A. chapter 64 and the rules adopted under that chapter;
9. other instruments delivered to the town clerk for recording.
A temporary permit (if defined by the bylaws of the municipality) is not required to be recorded.
A notice of a municipal land use permit or a notice of violation specified in subdivision (a)(6) of this section may be recorded, and if such notice is recorded, it shall list:
1. as grantor, the owner of record title to the property at the time the municipal land use permit or notice of violation is issued;
2. as grantee, the municipality issuing the permit, certificate, or notice;
3. the municipal or village office where the original, or a true, legible copy of the municipal land use permit may be examined;
4. whether an appeal of such permit, certificate, or notice has been taken;
5. tax map lot number or other description identifying the lot.
The town clerk shall keep in each book of record an index of reference to the instruments or records in that book.
Amended 1983, No. 148 (Adj. Sess.), § 13; 1985, No. 66 , § 2; 1997, No. 125 (Adj. Sess.), § 1; 1999, No. 46 , § 2, eff. May 26, 1999; 2001, No. 133 (Adj. Sess.), § 8; 2003, No. 138 (Adj. Sess.), § 1.

History

Source. 1949, No. 75 , § 1. V.S. 1947, § 3541. P.L. § 3464. 1929, No. 52 , § 1. G.L. § 3951. P.S. § 3450. V.S. § 3000. R.L. § 2679. G.S. 15, § 32. R.S. 13, § 29. R. 1797, p. 293, § 20. R. 1787, p. 35, § 156.

Amendments--2003 Substituted "copies" for "photocopies" in the catchline and substituted "copy" for "photocopy" in subsec. (a).

Amendments--2001 (Adj. Sess.) Subsec. (a): Added subdiv. (8), redesignated former subdiv. (8) as subdiv. (9), and made minor punctuation changes throughout.

Amendments--1999. Subsec. (a): Added present subdivs. (6) and (7) and redesignated former subdiv. (6) as present subdiv. (8).

Subsec. (b): Amended generally

Subsec. (c): Substituted "A notice of a municipal land use permit or a notice of violation specified in subdivision (a)(6) of this section may be recorded, and if such" for "If municipal memorandum or" preceding "notice is recorded" in the introductory paragraph.

Subdiv. (c)(1): Inserted "municipal land use" preceding "permit" and deleted "certificate" thereafter and inserted "of violation" preceding "is issued".

Subdiv. (c)(3): Inserted "municipal land use" preceding "permit" and deleted "certificate, statement or notice" thereafter.

Amendments--1997 (Adj. Sess.). Section amended generally.

Amendments--1985. Section amended generally.

Amendments--1983 (Adj. Sess.). Added "including hazardous waste site information and hazardous waste storage, treatment and disposal certifications, established under 10 V.S.A. chapter 159" following "for record" at the end of the first sentence and made other minor stylistic changes in that sentence.

ANNOTATIONS

Analysis

1. Index.
2. Filing.
3. Recording.
4. Representations of clerk.
5. Correction of errors.

1. Index.

Index is not necessary to validity of record of mortgage. Barrett v. Prentiss, 57 Vt. 297 (1884).

Neglect of town clerk to make proper reference in index to particular record in his office will furnish no cause of action to one who never examined records and whose want of actual knowledge respecting that particular record was in no way attributable to such defect in index. Lyman v. Edgerton, 29 Vt. 305 (1857).

Where mortgagee left mortgage with town clerk for record and clerk recorded same at length but made no alphabet or index, the mortgage was properly recorded within meaning of statute, index constituted no part of record, and mortgage became incumbrance upon land from time it was transcribed upon record. Curtis v. Lyman, 24 Vt. 338 (1852).

2. Filing.

Deed or mortgage left with town clerk with instructions to place it on file but not to record it, is not left for record and filing of it as for record is without effect; clerk should refuse to receive a deed or mortgage offered with such instructions and should put no certificate thereon. Blair v. Ritchie, 72 Vt. 311, 47 A. 1074 (1899), aff'd (1901) 73 Vt. 109, 50 A. 807.

3. Recording.

It would satisfy this section and 12 V.S.A. § 3292 to copy the substance of a writ of attachment or execution in the record book and then file the actual copy of the writ. 1974 Op. Atty. Gen. 214.

When town clerk copies deed delivered to him for record in book that has not been used for recording for number of years and does not insert names in alphabet, for purpose of concealment and fraud, such deed is not recorded and is no notice to later purchasers or attaching creditors. Sawyer v. Adams, 8 Vt. 172 (1836).

4. Representations of clerk.

Statements and representations of town clerk respecting records in his office are not official acts and if they are false, and person to whom they are made is deceived and misled by them and suffers pecuniary loss in consequence of his placing confidence in them, town will not be liable on account of them. Lyman v. Edgerton, 29 Vt. 305 (1857), (See, also, §§ 834, 1162 of this title.)

5. Correction of errors.

A recording officer has the authority and duty while in office to correct the errors which he made in the records whenever he discovers them or they are brought to his attention so as to make the records conform to the facts without the necessity of re-recording the instrument; the authority, however, being incidental to the office ends with the termination of the office; the clerk cannot come in to correct his past mistakes, but a successor to the office may correct errors when he discovers them from data in his office. 1966-68 Op. Atty. Gen. No. 86.

If a clerk discovers an error of his own or his predecessor, any correction should be initialed and dated in order that the record reflect all of the facts and protect their reliability. 1966-68 Op. Atty. Gen. No. 86.

§ 1154a. Records; return postage.

Whenever an instrument listed in section 1154 of this chapter is filed or left for record with the town clerk, the town shall bear the costs of returning the original copy of the instrument to the person who filed or left the instrument for record.

Added 2019, No. 38 , § 7.

§ 1155. Record of trust mortgage.

Trust mortgages may be recorded by furnishing the clerk with a printed copy thereof on not smaller than 8 1/4 by 10 3/4 nor larger than 10 1/2 by 16 ledger paper of good quality with good cloth binding which volume after being duly compared with the original mortgage shall be filed, attested by him or her and kept in his or her office as a trust mortgage record. The clerk shall also certify on a blank page of the then current mortgage record book the recording of such mortgage under the provisions of this section and index the same as provided in section 1154 of this title.

History

Source. 1955, No. 104 . V.S. 1947, § 3542. P.L. § 3465. 1933, No. 157 , § 3235. 1929, No. 52 , § 1. G.L. § 3951. P.S. § 3450. V.S. § 3000. R.L. § 2679. G.S. 15, § 32. R.S. 13, § 29. R. 1797, p. 293, § 20. R. 1787, p. 35, § 156.

§ 1156. Chattel mortgages; conditional sales; discharge of lien.

Within 15 days after a chattel mortgage, a sufficient memorandum of a conditional vendor's lien, or a memorandum of a discharge of such mortgage or lien has been delivered to a town clerk for recording, accompanied by the recording fee provided in 32 V.S.A. § 1671 , such clerk shall record such mortgage, lien, or discharge and return the original to the person entitled thereto.

Amended 2019, No. 38 , § 8.

History

Source. V.S. 1947, § 2778. 1937, No. 50 , § 1.

Amendments--2019. Deleted "requisite" preceding "recording fee" and substituted "provided in 32 V.S.A. § 1671" for "and a sum to cover return postage".

§ 1157. Duties of town clerk as to chattel mortgages.

A town clerk shall procure and keep a book of records for mortgages of personal property and shall keep an alphabetical index of mortgagors and mortgagees. The record and index shall be open to public inspection. The clerk shall record in the book any mortgage, transfer, discharge, or officer's return of sale upon any mortgage. Reference to the volume and page of the record of the mortgage shall be made by the clerk upon the margin of the record of the return, as well as reference on the margin of the record of the mortgage to the volume and page of the record of the return. When requested, the clerk shall give a certified copy thereof on payment of his or her fees as provided in 32 V.S.A. § 1671 and shall certify the time when the same is received and recorded. Mortgages or deeds of trust conveying both real and personal property shall be recorded only as real estate mortgages, but town clerks shall include in their indices of mortgages of personal property a reference to the record thereof. A copy of the personal mortgage, certified as a true and correct copy by the recording clerk, may be pasted or otherwise permanently attached in the record books, provided that space on the back of the sheet to be pasted is allowed for pasting, and when so done the same shall be deemed to be legally recorded, or if a person leaving the mortgage for record so desires, it shall be copied into the records at length by the town clerk.

Amended 1969, No. 40 , § 2, eff. April 4, 1969.

History

Source. 1953, No. 227 , § 1. V.S. 1947, § 2720. P.L. § 2667. 1919, No. 219 , § 2. G.L. § 2794. 1915, No. 94 , § 1. P.S. § 2628. V.S. § 2258. 1890, No. 38 . 1884, No. 107 . 1882, No. 69 , § 3. R.L. § 1970. 1878, No. 51 , § 12.

Amendments--1969. Omitted specific mention of fee amount and added reference to 32 V.S.A. § 1671.

ANNOTATIONS

1. Manner of recording.

Unless the person leaving the mortgage for record requires that it be copied into the records at length, the manner of recording such an instrument is within the discretion of the town clerk. 1954 Op. Atty. Gen. 277.

§ 1158. Assignment or discharge of mortgage or judgment lien.

An assignment or discharge of a mortgage or judgment lien shall be duly recorded in the records of the town. A mortgage or judgment lien may be discharged by the mortgagee, judgment creditor, or assignee of such mortgage or judgment lien in writing on the margin of the mortgage record or judgment lien notice. A satisfaction or assignment of the mortgage or judgment lien recorded elsewhere shall bear a marginal notation of the book and page of the mortgage or judgment lien record and a corresponding cross-reference shall be made on the margin of the mortgage or judgment lien notice record.

Amended 1979, No. 67 , § 4.

History

Source. V.S. 1947, § 3548. P.L. § 3471. 1933, No. 157 , § 3241. G.L. §§ 3956, 3957. P.S. §§ 3455, 3456. V.S. §§ 3005, 3006. 1890, No. 36 , § 3. 1890, No. 37 .

Amendments--1979. Added provisions relating to judgment lien.

Applicability--1979 amendment. 1979, No. 67 , § 11, provided that section 4 of the act, which amended this section, would apply only to judgments rendered subsequent May 8, 1979.

Cross References

Cross references. Discharge of mortgages, see 27 V.S.A. § 461 et seq.

§ 1159. Indorsement of time of receiving instruments.

An instrument shall be deemed recorded when the town clerk:
1. receives the instrument, the recording fee provided in 32 V.S.A. § 1671 , and all supporting documents required by statute; and
2. indorses a certificate of the date and time of reception on the instrument.
Within three days following the date an instrument is indorsed, the clerk shall enter the name or names of the parties, the type of instrument, the date of the instrument, and the date and time of recording in a day book, printed index, or digital index that is open to public inspection. A town clerk may extend the time for entering the information for good cause shown, including reasons related to illness or absence of the clerk.
Amended 2019, No. 38 , § 9.

History

Source. V.S. 1947, § 3543. P.L. § 3466. 1933, No. 157 , § 3226. G.L. § 3963. P.S. § 3461. V.S. § 3011. R.L. § 2688. G.S. 15, § 44. R.S. 13, § 40. 1834, No. 18 , § 1.

Amendments--2019. Rewrote the section.

ANNOTATIONS

1. Conclusiveness of certificate.

Certificate of town clerk upon deed or mortgage is prima facie evidence of time when it was left for record and may be contradicted by parol evidence. Blair v. Ritchie, 72 Vt. 311, 47 A. 1074 (1899), aff'd (1901) 73 Vt. 109, 50 A. 807; Johnson v. Burden, 40 Vt. 567 (1868); Bartlett v. Boyd, 34 Vt. 256 (1861).

§ 1160. Acknowledgements; oath.

A town clerk, commissioned as a notary public pursuant to 26 V.S.A. chapter 103, may take acknowledgements of deeds and other instruments throughout his or her county.
In his or her county, he or she may administer oaths in all cases where an oath is required, without being commissioned as a notary public pursuant to 26 V.S.A. chapter 103.
1. Each town clerk may designate from among the members of his or her staff at least one notary public to be available to perform notarial acts for the public in the town clerk's office during normal business hours free of charge. (c) (1) Each town clerk may designate from among the members of his or her staff at least one notary public to be available to perform notarial acts for the public in the town clerk's office during normal business hours free of charge.
2. Each individual designated by the town clerk under this subsection shall be commissioned as a notary public pursuant to 26 V.S.A. chapter 103 and shall be exempt from the notary public application fee under that chapter.
  Amended 2019, No. 30 , § 26.

History

Source. V.S. 1947, § 3544. 1947, No. 202 , § 3566. P.L. § 3467. G.L. § 3964. 1915, No. 112 , § 1. P.S. § 3462. V.S. § 3012. R.L. § 2689. 1866, No. 54 .

Amendments--2019. Added subsec. (a) and (b) designations; inserted ", commissioned as a notary public pursuant to 26 V.S.A. chapter 103," in subsec. (a); inserted ", without being commissioned as a notary public pursuant to 26 V.S.A. chapter 103" in subsec. (b); and added subsec. (c).

ANNOTATIONS

Analysis

1. Listers' oaths.
2. Chattel mortgages.

1. Listers' oaths.

Listers may take their preliminary oath before town clerk, oath being returnable to town clerk's office. Potter v. Lewis, 73 Vt. 367, 51 A. 5 (1900).

2. Chattel mortgages.

Town clerk may administer oath in case of chattel mortgage which is to be recorded in his office. Wright v. Taplin, 65 Vt. 448, 26 A. 1105 (1893).

§ 1161. General index.

1. A town clerk shall keep a general index of transactions affecting the title to real estate wherein he or she shall enter in one column, in alphabetical order, the name of the grantor to the grantee and, in a parallel column, the name of the grantee from the grantor, of every deed, conveyance, mortgage, lease, or other instrument affecting the title to real estate, and each writ of attachment, notice of lien, or other instrument evidencing or giving notice of an encumbrance on real estate which is filed or recorded in the town clerk's office, with the name of the book, volume, or other manner of recording and the page of record in the following form: (a) (1) A town clerk shall keep a general index of transactions affecting the title to real estate wherein he or she shall enter in one column, in alphabetical order, the name of the grantor to the grantee and, in a parallel column, the name of the grantee from the grantor, of every deed, conveyance, mortgage, lease, or other instrument affecting the title to real estate, and each writ of attachment, notice of lien, or other instrument evidencing or giving notice of an encumbrance on real estate which is filed or recorded in the town clerk's office, with the name of the book, volume, or other manner of recording and the page of record in the following form:
2. If the instrument is executed on behalf of or to convey the interest of another party, the same shall be indexed in the name of the other party as grantor. In case the instrument is executed by more than one grantor and to more than one grantee, the name of each grantor and each grantee shall be indexed. When the party is a natural person the name shall be indexed under the first letter of such person's surname, and when the party is a corporation the name shall be indexed under the first letter of the first word of its name disregarding articles and initials. For purposes of this section, a defendant against whose property a writ of attachment is filed or a person against whose property a lien is asserted shall be considered a grantor, and a plaintiff filing a writ or a person asserting a lien shall be considered a grantee. The general index may be kept electronically.
For the purposes of this section, "transactions affecting title to real estate" shall include the instruments described in subsections 1154(a) and (b) of this title. Each owner of record title to the property at the time such an instrument is issued shall be listed as the grantor. The State of Vermont shall be listed as the grantee for instruments described in subdivisions 1154(a)(4), (5), and (8) of this title. The municipality issuing the instrument shall be listed as the grantee for instruments described in subdivision 1154(a)(6) of this title.
Amended 1969, No. 235 (Adj. Sess.), § 1; 1997, No. 125 (Adj. Sess.), § 2; 1999, No. 46 , § 3, eff. May 26, 1999; 2001, No. 133 (Adj. Sess.), § 9; 2007, No. 96 (Adj. Sess.), § 11; 2009, No. 91 (Adj. Sess.), § 15, eff. May 6, 2010.

Book Grantor Page Book Grantee Page to from Grantee Grantor 1 A. to B. 1 1 B. from A. 1

History

Source. 1955, No. 8 . V.S. 1947, § 3545. P.L. § 3468. 1917, No. 254 , § 3901. P.S. § 3451. V.S. § 3001. R.L. § 2680. G.S. 15, § 33. 1858, No. 21 .

Amendments--2009 (Adj. Sess.) Subdiv. (a)(2): Deleted the former fifth sentence.

Amendments--2007 (Adj. Sess.). Added the subdivision designations to subsec. (a) and in subdiv. (a)(2), substituted "state archivist" for "public records director".

Amendments--2001 (Adj. Sess.) Subsec. (b): Substituted "subdivisions 1154(a)(4), (5), and (8) of this title" for "subdivisions 1154(a)(4) and (5) of this title".

Amendments--1999. Subsec. (b): Substituted "subdivision 1154(a)(6)" for "subdivisions 1154(b)(1) and (2)" in the fourth sentence.

Amendments--1997 (Adj. Sess.). Designated the existing provisions of the section as subsec. (a) and inserted "or she" following "wherein he", substituted "the town clerk's" for "his" and "book, volume or other manner of recording" for "book or volume" in the introductory paragraph, added the last sentence in the concluding paragraph of that subsection and added subsec. (b).

Amendments--1969 (Adj. Sess.). Section amended generally.

ANNOTATIONS

Analysis

1. Type of index.
2. Failure to index.
3. Misspelling in index.

1. Type of index.

Charge that clerk in indexing records of deeds must provide suitable index, "of such a kind as a man of ordinary intelligence, of fair business capacity, would require to make a search. It is not necessary that the index, or alphabet, should be one that all men could take and at once find a record. The law does not go to that extent. All that is required, is, that it shall be such an index . . . as would enable a man understanding the plan on which the index was made up, and having ordinary, fair business capacity, to take it, and thereby find the record he was in search of," was not in error. Smith v. Royalton, 53 Vt. 604 (1881).

2. Failure to index.

City clerk's failure to index real estate attachment in general index of land records, after writ of attachment had been recorded and indexed in "attachment book," did not preclude attachment from being valid against subsequent bona fide purchaser who had no actual notice of attachment. Haner v. Bruce, 146 Vt. 262, 499 A.2d 792 (1985).

3. Misspelling in index.

Key to proper notice, in the context of a name index, is the proper spelling of the debtor's name and the resulting proper alphabetical placement. Applying idem sonans to a name index would defeat the purpose of the index; therefore, when a judgment misspelled the debtor's last name, causing the recorded judgment to be indexed under the wrong spelling and to be missed during an index search, the doctrine of idem sonans did not allow enforcement of a judgment lien. Lively v. Northfield Sav. Bank, 182 Vt. 428, 940 A.2d 700 (Oct. 5, 2007).

Law review commentaries

Law review. For comment, "Haner v. Bruce: Failure to Accord to the Present Realities of the Real Estate Recording System," see 12 Vt. L. Rev. 283 (1987).

§ 1162. Indices; liability of clerk and town.

A town clerk who neglects to keep in his or her office the indices required by law to be kept by him or her shall be fined $20.00 for each six months' neglect. A town which, upon such neglect of its town clerk, delays for six months to cause such an index to be completed and kept, shall be fined $50.00 for each six months it so neglects.

History

Source. V.S. 1947, § 3546. P.L. § 3469. 1933, No. 157 , § 3239. G.L. §§ 3953, 3954. 1917, No. 254 , § 3902. P.S. §§ 3452, 3453. V.S. §§ 3002, 3003. R.L. §§ 2681, 2682. 1864, No. 14 , § 3. G.S. 15, § 33. 1858, No. 21 .

ANNOTATIONS

Analysis

1. Representations of clerk.
2. Liability of town.

1. Representations of clerk.

False representations made by town clerk in reference to records in his office will not excuse person from making examination of them, or from requesting town clerk to show them to him, so as to give him right of action against town for defect in records which would have misled him and have given him a right of action if he had examined them. Lyman v. Edgerton, 29 Vt. 305 (1857), (See, also, §§ 1154 of this title.)

2. Liability of town.

It is duty of town clerk to provide alphabet or index for book of record used for recording evidences respecting titles to lands or real estate and to keep and preserve same for inspection and use, with same truthfulness and care that he is required to exercise in keeping books of record, and when an injury has been sustained by anyone, by reason of neglect in this respect, town is liable. Hunter v. Windsor, 24 Vt. 327 (1852).

§ 1163. Index of attachments.

A town clerk shall keep a book in which shall be alphabetically indexed all attachments of personal property lodged in his or her office. Such index shall show the names of the parties to the action in which the attachment is made, the court and date of the court to which the attachment is returnable, and the amount of debt or damages claimed in the writ.

History

Source. V.S. 1947, § 3547. P.L. § 3470. G.L. § 3955, P.S. § 3454. V.S. § 3004. 1888, No. 59 , § 2.

ANNOTATIONS

Analysis

1. Generally.
2. Incomplete indexing.

1. Generally.

Personal property attachments may be listed alphabetically in the book kept by the clerk, and the writ of attachment filed in a chronological file. 1974 Op. Atty. Gen. 214.

2. Incomplete indexing.

§ 1164. Certified copies; form.

A town clerk shall furnish certified copies of any instrument on record in his or her office, or any instrument or paper filed in his or her office pursuant to law, on the tender of fees therefor, and his or her attestation shall be a sufficient authentication of the copies, except that the town clerk shall redact the word "illegitimate" from any copy of a birth certificate he or she furnishes.
A town clerk shall furnish a certified copy of a vital event certificate only if authorized and as prescribed under 18 V.S.A. chapter 101.
Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March, 1, 1961; 1975, No. 8 , § 1; 1979, No. 142 (Adj. Sess.), § 18; 2017, No. 46 , § 60, eff. July 1, 2019.

History

Amendments--2017. Subsecs. (a) and (b): Added the subsec. designations.

Subsec. (a): Deleted "his or her" preceding "fees"; substituted "redact" for "not copy" following "shall"; and inserted "copy of a" preceding "birth"'.

Subsec. (b): Amended generally.

Effective date of 2017 amendment of section. 2017, No. 46 , § 63(b), as amended by 2018, No. 11 (Sp. Sess.), § I.1(b), provides that the amendment of this section shall take effect July 1, 2019.

Annotations From Former § 1164

1. Evidence.

Officer's affidavit and certified copy of record of writ and return left in town clerk's office were admissible as evidence on hearing of petition. Pond v. Campbell, 56 Vt. 674 (1884).

§ 1165. Files and records available; when.

The files and records in the office of the clerk shall be available for inspection upon proper request at all reasonable hours.

History

Source. V.S. 1947, § 3550. P.L. § 3473. 1933, No. 157 , § 3243. G.L. § 3959. P.S. § 3458. V.S. § 3009. R.L. § 2685. G.S. 15, § 38. R.S. 13, § 34. R. 1797, p. 293, § 20.

§ 1166. Return of name of town treasurer to State Treasurer.

Annually, on or before July 1, a town clerk shall transmit to the State Treasurer the name of the town treasurer.

History

Source. V.S. 1947, § 3551. P.L. § 3474. 1933, No. 157 , § 3244. G.L. § 3960. P.S. § 3459. V.S. § 3010. R.L. § 2686. 1880, No. 112 , § 1. 1866, No. 44 , § 2. G.S. 15, § 39. R.S. 13, § 35. R. 1797, p. 294, § 21. R. 1787, p. 156.

§ 1167. Certification of votes.

When at an annual or special meeting a town votes to raise a tax, to borrow money, or to make any appropriation of money, the clerk of such town, within five days thereafter, shall certify such vote to the treasurer of the town and to the chair of the selectboard.

History

2016 Substituted "chair" for "chairman" and "selectboard" for "board of selectmen" in accordance with 2013, No. 161 , § 72.

Source. V.S. 1947, § 3552. P.L. § 3475. 1921, No. 96 , § 1.

§ 1168. Return of names of listers to Director of the Division of Property Valuation and Review.

After each annual meeting, a town clerk shall report forthwith electronically to the Director of the Division of Property Valuation and Review the name of each lister in the town, his or her post office address, and the length of his or her term of office. In like manner, a town clerk shall notify the Director of the Division of Property Valuation and Review of any lister appointed to fill a vacancy.

Amended 1977, No. 105 , § 14(b); 2017, No. 73 , § 2, eff. June 13, 2017; 2017, No. 113 (Adj. Sess.), § 155.

History

Source. V.S. 1947, § 3553. P.L. § 3476. 1933, No. 157 , § 3246. G.L. § 3961. 1915, No. 51 . 1910, No. 38 , § 7.

Amendments--2017 (Adj. Sess.) Substituted "in the town" for "therein" following "name of each lister" in the first sentence.

Amendments--2017. Substituted "electronically" for "in writing" following "report forthwith" in the first sentence and substituted "a town" for "such" preceding "clerk" in the second sentence.

Amendments--1977. Substituted "director of the division of property valuation and review" for "commissioner of taxes" or "commissioner".

§ 1169. Name and address of first constable to county clerk.

After each annual meeting, a town clerk shall certify forthwith to the county clerk the name and post office address of the person elected first constable at such meeting.

History

Source. V.S. 1947, § 3554. P.L. § 3477. 1933, No. 157 , § 3247. G.L. § 3962. P.S. § 3460. 1896, No. 61 , § 1.

§ 1170. Appointment of assistant clerk.

After his or her election, a town clerk shall forthwith appoint one or more assistant clerks, for whose official acts he or she shall be responsible, who shall hold office during his or her term of office, or until such appointment is revoked by him or her. Such appointments and revocation shall be recorded in the office of the town clerk.

Amended 2017, No. 74 , § 70.

History

Source. V.S. 1947, § 3555. P.L. § 3478. 1933, No. 157 , § 3248. G.L. § 3966. 1910, No. 109 , § 1. P.S. § 3464. V.S. § 3013. R.L. § 2690. G.S. 15, § 42. R.S. 13, § 38.

Amendments--2017. Section heading: Inserted "Appointment of" preceding "assistant".

ANNOTATIONS

1. Service of writ.

Assistant town clerk is not proper person on whom to make service of a writ against a town; he is not strictly officer of town and service made upon him would not be legal. Fairfield v. King, 41 Vt. 611 (1869); Charleston v. Lunenburgh, 21 Vt. 488 (1849).

§ 1171. Duties of assistant clerk.

The assistant clerk shall be sworn and is authorized to perform the recording and filing duties of the town clerk, to issue licenses and certified copies of records, and, in the absence, death, or disability of the town clerk, is further authorized to perform all other duties of the clerk.
If there is a vacancy in the office of town clerk, the authority of the assistant town clerk to perform the duties of the town clerk shall continue until a successor is appointed by the selectboard under section 963 of this title.
Amended 1967, No. 107 , eff. April 14, 1967; 2017, No. 74 , § 71; 2017, No. 130 (Adj. Sess.), § 11.

History

Source. 1949, No. 74 . V.S. 1947, § 3556. P.L. § 3479. 1933, No. 157 , § 3249. G.L. § 3967. P.S. § 3465. V.S. § 3014. R.L. § 2691. G.S. 15, § 43. R.S. 13, § 39.

2016. Substituted "selectboard" for "selectmen" in the last sentence in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

Amendments--2017 (Adj. Sess.). Added the subsec. (a) and (b) designations and in subsec. (b), substituted "If there is a vacancy in the office of town clerk" for "If the town clerk dies".

Amendments--2017. Section heading: Added "of assistant clerk".

Amendments--1967. Added the second sentence.

§ 1172. Assistant clerk; record to county clerk.

Such assistant clerk shall deposit with the county clerk a copy of the record of his or her appointment, duly certified by the town clerk making such appointment, and shall also deposit a copy of his or her official oath signed by himself or herself, with a certificate of the magistrate administering the same that he or she has taken such oath.

Amended 2017, No. 74 , § 72.

History

Source. V.S. 1947, § 3557. P.L. § 3480. G.L. § 3968. P.S. § 3466. V.S. § 3015. 1888, No. 58 .

Amendments--2017. Section heading: Inserted "Assistant clerk;" preceding "record".

§ 1173. Town or village reports.

The clerk of a municipality shall supply annually each library in such municipality with two copies of the municipal report, upon its publication. The clerk shall also send to the Vermont State Archives and Records Administration one copy thereof in a manner prescribed by the State Archivist. Officers making these reports shall supply the clerk of the municipality with the copies necessary for him or her to comply with the provisions of this section and section 1174 of this title.

Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 1999, No. 147 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 55; 2009, No. 123 (Adj. Sess.), § 32; 2009, No. 156 (Adj. Sess.), § I.30; 2011, No. 153 (Adj. Sess.), § 37, eff. May 16, 2012; 2013, No. 108 (Adj. Sess.), § 4, eff. April 22, 2014; 2015, No. 23 , § 148; 2017, No. 50 , § 61.

History

Source. V.S. 1947, § 3558. P.L. § 3481. 1933, No. 157 , § 3251. 1921, No. 98 . G.L. § 3965. P.S. § 3463. V.S. § 897. 1894, No. 39 , § 4.

Amendments--2017. Section amended generally.

Amendments--2015. Substituted "one copy" for "two copies" following "State Library" in the second sentence and deleted "printed" preceding "copies" in the last sentence.

Amendments--2013 (Adj. Sess.). Substituted "send" for "mail" following "shall also" in the second sentence.

Amendments--2011 (Adj. Sess.). Deleted "highway board," following "commissioner of taxes," in the second sentence.

Amendments--2009 (Adj. Sess.) Act No. 123 deleted "transportation board" following "commissioner of taxes" in the second sentence.

Act No. 156 substituted "commissioner of Vermont health access" for "director of the office of Vermont health access" in the second sentence.

Amendments--2005 (Adj. Sess.). Substituted "the clerk" for "he" preceding "of a municipality" and "for children and families, director of the office of Vermont health access" for "of prevention, assistance, transition, and health access" in the second sentence; and substituted "these reports" for "such reports", "the municipality" for "such municipality" and inserted "or her" following "him" in the third sentence.

Amendments--1999 (Adj. Sess.). Substituted "commissioner of prevention, assistance, transition, and health access" for "commissioner of social welfare".

Amendments--1959 (Adj. Sess.). Substituted "state board of health" for "state health commission".

§ 1174. Town file.

Such clerk shall keep on file in his or her office two or more sets of the annual report of the auditors, which at suitable intervals he or she shall bind in book form.

History

Source. V.S. 1947, § 3559. P.L. § 3482. 1933, No. 157 , § 3252.

§ 1175. Permanent service records.

Town clerks shall record the honorable discharges or certificates of service of all members of the Armed Forces of the United States, by photographic copy or on forms approved by the Adjutant General of a size and with a margin to permit binding. Upon making such record, the town clerk shall forthwith forward a certified copy thereof to the office of the Adjutant General. Such records shall be arranged or indexed alphabetically, bound, and made a permanent record. Town clerks shall receive a fee of 50 cents for so recording each honorable discharge or certificate of service, as hereinbefore provided, to be paid by the town.

History

Source. V.S. 1947, § 3645. 1945, No. 47 , § 1.

§ 1176. Manuscripts.

All books and manuscripts belonging to a town or a town school district, except town histories, published under the authority of a town, shall be kept in the office of the town clerk, unless otherwise provided and shall not be sold or disposed of.

Amended 1969, No. 289 (Adj. Sess.), § 9.

History

Source. V.S. 1947, § 3657. P.L. § 3572. 1933, No. 156 , § 3. G.L. § 4051. 1917, No. 254 , § 4001. P.S. § 3549. 1906, No. 97 , § 1. V.S. § 3095. 1884, No. 57 . 1882, No. 96 . R.L. § 4580. G.S. 8, § 70. 1844, J.R. 38. R.S. 8, § 2. 1837, No. 9 , § 2. 1834, No. 10 .

Amendments--1969 (Adj. Sess.). Omitted reference to Vermont Reports.

§ 1177. Repealed. 1969, No. 289 (Adj. Sess.), § 10.

History

Former § 1177. Former § 1177 relating to purchasing complete sets of Vermont Reports was derived from V.S. 1947, § 3658; P.L. § 3573; G.L. § 4052; P.S. § 3550; V.S. § 3096; 1890, No. 181 , § 1.

§ 1178. Safes; vaults.

A town not already provided with a fireproof safe or vault of a sufficient size for the effectual preservation of the files and records now in the office of the town clerk, or that may hereafter accumulate there, shall forthwith procure such safe or vault.

History

Source. V.S. 1947, § 3659. P.L. § 3574. G.L. § 4040. P.S. § 3537. V.S. § 3085. 1894, No. 121 , §§ 1, 2.

§ 1179. Reporting of fees received.

Within 30 days after the completion of a town's fiscal year, each town clerk shall disclose to the public the total amount of fees received as part of his or her compensation during the fiscal year immediately preceding.

Added 1979, No. 161 (Adj. Sess.), § 15.

History

Revision note. The last word "proceding" was changed to "preceding" to correct an apparent error pursuant to 1 V.S.A. § 60.

Cross References

Cross references. Fees of town clerks, see 32 V.S.A. § 1671.

CHAPTER 36. MUNICIPAL ADMINISTRATIVE PROCEDURE ACT

Sec.

Cross References

Cross references. State Administrative Procedure Act, see 3 V.S.A. ch. 25.

§ 1201. Definitions.

As used in this chapter:

"Contested hearing" means one of the following:
1. A case in which an applicant for a land use permit under 10 V.S.A. chapter 151 is required to obtain local Act 250 review of municipal impacts by a municipality that has taken steps required under section 4420 of this title to allow it to conduct that local review.
2. A hearing, under chapter 117 of this title, which will be subject to review on the record, as determined under procedures established in that chapter.
3. A hearing which a provision of law requires to be heard according to procedures established in this chapter.
4. A hearing by a municipal body which is not required by law to be conducted according to procedures established in this chapter, but which the municipality elects to conduct in accordance with this chapter.
"Directly or indirectly interested" means a financial or personal involvement in the contested hearing or with any party.
"Local board" means the entity authorized to conduct a contested hearing.
1. "Party," for purposes of proceedings under chapter 117 of this title, other than those related to local Act 250 review of municipal impacts, means "interested person," as defined by subsection 4465(b) of this title. (4) (A) "Party," for purposes of proceedings under chapter 117 of this title, other than those related to local Act 250 review of municipal impacts, means "interested person," as defined by subsection 4465(b) of this title.
2. "Party," for purposes of local Act 250 review of municipal impacts, means a person whose interests, under relevant provisions of 10 V.S.A. § 6086(a) being reviewed at the municipal level, may be affected by a proposed development or subdivision, as those terms are defined in 10 V.S.A. chapter 151. "Party" for purposes of other proceedings under this chapter, shall have the meaning established under statutes controlling those proceedings.
3. "Party," for purposes of other proceedings under this chapter, shall have the meaning established under statutes controlling those proceedings.
  Added 1993, No. 232 (Adj. Sess.), § 44, eff. March 15, 1995; amended 2003, No. 115 (Adj. Sess.), § 76, eff. Jan. 31, 2005.

History

Revision note. In subdiv. (4), added the subdiv. (A)-(C) designations.

Amendments--2003 (Adj. Sess.). Subdiv. (1)(A): Substituted "4420" for "4449" following "section".

Subdiv. (4): Substituted "4465(b)" for "4464(b)".

§ 1202. Application.

This chapter shall be used by local boards conducting contested hearings, where required by law, and may be used by local boards conducting contested hearings, even where not required by law. Local determinations to use this chapter, unless otherwise provided by law, shall be made by majority vote of those voting at a duly warned special or annual municipal meeting, or may be made on behalf of the municipality by the legislative body.
This chapter creates only procedural rights and imposes only procedural duties. They are in addition to those created and imposed by other statutes.
This chapter provides the minimum due process rights of parties in contested hearings. A local board may grant additional rights to parties so long as the rights of other parties are not substantially prejudiced.
A local board may adopt additional procedural rules not inconsistent with this chapter governing its hearings. The ordinance adoption process established by chapter 59 of this title shall be used for this purpose.
Added 1993, No. 232 (Adj. Sess.), § 44, eff. March 15, 1995.

§ 1203. Conflicts of interest.

Local boards shall comply with the provisions of 12 V.S.A. § 61(a) when they conduct contested hearings and make findings under this chapter. For purposes of this section, prohibitions referring to those within the fourth degree of consanguinity or affinity shall refer to the person's spouse, as well as to the person's and the spouse's: parent, child, brother, sister, grandparent, or grandchild.

Added 1993, No. 232 (Adj. Sess.), § 44, eff. March 15, 1995.

Cross References

Cross references. Qualifications of board members, see § 1208 of this title.

§ 1204. Notice.

Initial public notice of any hearing under this chapter shall be provided in accordance with applicable statutes. All parties and interested persons shall be given an opportunity for hearing after reasonable notice.
At any hearing held under this chapter, opportunity shall be given to all parties to respond and present evidence and argument on all issues involved.
If a hearing is to reconvene at a later date, it shall be deemed sufficient to constitute proper notice of that later session, if an announcement made before adjournment of the previous session of the hearing specifies the time, date, and place of that later session.
Added 1993, No. 232 (Adj. Sess.), § 44, eff. March 15, 1995.

§ 1205. Procedure at hearing.

The chair or vice-chair of the local board shall preside at the hearing. If neither is available, the board shall elect a temporary chair.
The presiding officer may conduct all or part of the hearing by telephone, television, or other electronic means, if each participant in the hearing has an opportunity to participate in, hear, and, if technically feasible, to see the entire proceeding as it is taking place.
The presiding officer shall cause the proceeding to be recorded.
Added 1993, No. 232 (Adj. Sess.), § 44, eff. March 15, 1995.

ANNOTATIONS

1. Construction with other law.

Provisions of 24 V.S.A. § 4471, that an "adequate record" be produced, subsection (c) of this section, that proceedings of development review board "be recorded," and V.R.C.P. 74(d), that record on appeal shall consist of "a transcript of any oral proceedings," all as required for on-the-record review on appeal to the environmental court, were not satisfied by the board's simply keeping minutes of hearings; thus, the court did not err by conducting de novo hearing with regard to conditional use permit and variance applications. In re Dunnett, 172 Vt. 196, 776 A.2d 406 (2000).

§ 1206. Evidence.

All testimony of parties and witnesses must be made under oath or affirmation.
Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence as applied in civil cases in the Superior Courts of this State shall be followed. When necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not admissible under those rules may be admitted if it is of a type commonly relied upon by reasonably prudent people in the conduct of their affairs.
When a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form, to expedite the presentation of direct testimony of a witness, provided the witness is available for direct testimony and cross-examination at the hearing on this evidence.
Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original.
Added 1993, No. 232 (Adj. Sess.), § 44, eff. March 15, 1995.

§ 1207. Ex parte communications.

A presiding officer shall not communicate, directly or indirectly, with any party, party's representative, party's counsel, or any person interested in the outcome of the proceeding, on any issue in the proceeding, while the proceeding is pending, without notice and opportunity for all parties to participate.
No other members of a local board sitting in a contested hearing shall communicate on any issue in the proceeding, directly or indirectly, with any party, party's representative, party's counsel, or any person interested in the outcome of the proceeding, while the proceeding is pending.
A presiding officer who receives an ex parte communication on any issue relating to the proceeding and a member who receives any ex parte communication shall place on the record all written communications received, all written responses to those communications, and a memorandum stating the substance of all oral communications received, all responses made, and the identity of each person making the ex parte communication.
Added 1993, No. 232 (Adj. Sess.), § 44, eff. March 15, 1995.

§ 1208. Qualification of members.

Members of a local board in a contested hearing shall not participate in the decision unless they have heard all testimony and reviewed all other evidence submitted for the board's decision.
Members who have not attended every session of the board in a contested hearing may participate in the decision if they have listened to the recording of the testimony they have missed (or read transcripts of this testimony) and reviewed all exhibits and other evidence, prior to deliberation.
Added 1993, No. 232 (Adj. Sess.), § 44, eff. March 15, 1995.

Cross References

Cross references. Conflicts of interest, see § 1203 of this title.

§ 1209. Decisions.

A final decision in a contested hearing shall be in writing and shall separately state findings of fact and conclusions of law.
Findings of fact shall explicitly and concisely restate the underlying facts that support the decision. They shall be based exclusively on evidence of the record in the contested hearing.
Conclusions of law shall be based on the findings of fact.
The final decision in any case involving local Act 250 review of municipal impacts shall include notice that it constitutes a rebuttable presumption under the provisions of 10 V.S.A. chapter 151, and notice that presumption may be overcome in proceedings under 10 V.S.A. chapter 151.
The presiding officer shall cause copies of the decision to be delivered to each party.
Transcriptions of the proceedings of contested hearings shall be made upon the request and upon payment of the reasonable costs of transcription by any party.
Added 1993, No. 232 (Adj. Sess.), § 44, eff. March 15, 1995.

§ 1210. Appeals.

Appeals under this chapter shall be taken in the manner established for the underlying proceedings to which this chapter is applied.

Added 1993, No. 232 (Adj. Sess.), § 44, eff. March 15, 1995.

CHAPTER 37. TOWN, CITY, OR VILLAGE MANAGERS

Sec.

§ 1231. "Town" construed; officers.

The word "town" as used in this chapter may be construed to include a city or an incorporated village. Where powers are given to or duties imposed upon a selectboard with reference to a town, the trustees of a village and mayor and board of aldermen of a city shall have the same powers and perform like duties in relation to their respective village or city.

History

Source. V.S. 1947, § 3675. P.L. § 3590. 1931, No. 51 , § 1. 1931, No. 52 , § 1. G.L. § 4053. 1917, No. 104 , § 1.

2016. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

ANNOTATIONS

1. Powers of trustees.

Trustees of village have same powers and perform same duties in relation thereto as a selectboard has and performs with relation to town. Town of Fair Haven v. Stannard, 111 Vt. 49, 10 A.2d 214 (1939).

§ 1232. Appointment; union of towns.

The selectboard of a town adopting the provisions of this chapter shall forthwith appoint a general town manager, who may or may not be a resident of the town for which he or she is appointed. Two or more towns may vote to form a union to employ the same manager.

History

Source. V.S. 1947, § 3676. 1943, No. 39 , § 1. P.L. § 3591. G.L. § 4054. 1917, No. 104 , § 2.

2016. Substituted "selectboard of a town" for "selectmen of towns" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

§ 1233. Qualifications; authority of selectboard.

Such a manager shall be selected with special reference to his or her education, training, and experience to perform the duties of such office and without reference to his or her political belief. In all matters he or she shall be subject to the direction and supervision and shall hold office at the will of such selectboard, who, by majority vote, may remove him or her at any time for cause.

History

Source. V.S. 1947, § 3677. P.L. § 3592. G.L. § 4055. 1917, No. 104 , §§ 2, 4, 6.

2016. Substituted "selectboard" for "selectmen" in the section title and text in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

ANNOTATIONS

Analysis

1. Incompatible offices.
2. Removal for cause.

1. Incompatible offices.

Selectboard member cannot properly hold office of town manager while he is still member of selectboard. 1942 Op. Atty. Gen. 269.

2. Removal for cause.

Town manager statute requires a town manager be removed only for cause. Accordingly, remand was required to determine whether plaintiff was wrongfully terminated. Nelson v. Town of St. Johnsbury, 198 Vt. 277, 115 A.3d 423 (2015).

§ 1234. Oath; bond.

Before entering upon his or her duties, such manager shall be sworn to the faithful performance of his or her duties and shall give a bond to the town in such amount and with such sureties as the selectboard may require.

History

Source. V.S. 1947, § 3678. P.L. § 3593. 1933, No. 157 , § 3348. G.L. § 4056. 1917, No. 104 , § 3.

2016. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

§ 1235. General authority.

Subject to the requirements of this chapter, he or she shall have general supervision of the affairs of the town, be the administrative head of all departments of the town government, and shall be responsible for the efficient administration thereof.

History

Source. V.S. 1947, § 3679. P.L. § 3594. G.L. § 4057. 1917, No. 104 , §§ 2, 4.

§ 1236. Powers and duties in particular.

The manager shall have authority and it shall be his or her duty:

To cause duties required of towns and town school districts and not committed to the care of any particular officer, to be duly performed and executed.
To perform all duties now conferred by law upon the selectboard, except that he or she shall not prepare tax bills, sign orders on the general fund of the town, call special or annual town meetings, lay out highways, establish and lay out public parks, make assessments, award damages, act as member of the board of civil authority, nor make appointments to fill vacancies which the selectboard is now authorized by law to fill; but he or she shall, in all matters herein excepted, render the selectboard such assistance as it shall require.
To be the general purchasing agent of the town and purchase all supplies for every department thereof; but purchases of supplies for departments over which such manager is not given control, and of the town school district, shall be made according to requisition therefor by such departments or school directors.
To have charge and supervision of all public town buildings and repairs thereon, and all building undertaken by the town, unless otherwise provided for by the selectboard, shall be done under his or her charge and supervision.
To perform all the duties now conferred by law upon the road commissioner of the town, including the signing of orders; provided, however, that when an incorporated village lies within the territorial limits of a town which is operating under a town manager, and such village fails to pay to such town for expenditure on the roads of the town outside the village, at least 15 percent of the last highway tax levied in such village, the legal voters residing in such town, outside such village, may elect one or two road commissioners who shall have and exercise all powers of road commissioner within that part of such town as lies outside such village.
[Repealed.]
To do all the accounting for all of the departments of the town and of the town school districts when the board of school directors so request.
To supervise and expend all special appropriations of the town, as if the same were a separate department of the town, unless otherwise provided for by the selectboard.
To have charge, control, and supervision of the following matters:
1. the police department, if any, and shall appoint and may remove the officers thereof and shall fix their salaries;
2. the fire department, if any, and shall appoint, fix the compensation of, and may remove all officers and employees thereof;
3. the system of licenses, if any, not otherwise regulated by law;
4. the system of sewers and drainage, if any, except the making of assessments therefor;
5. the lighting of streets, highways, and bridges;
6. the sprinkling of streets and highways and laying of dust, except the making of assessments therefor;
7. the maintenance of parks and playgrounds.
To collect all taxes due the town and to perform all the duties now conferred by law upon the collector of taxes, if the town so votes. Such manager shall continue so to do until the town votes otherwise at a meeting duly warned for the purpose of voting on such question. For the collection of taxes, a town manager may charge and collect the same fees as a collector of taxes, and the fees so collected shall be paid into the treasury of the town.
Amended 1967, No. 147 , § 53(b), eff. Oct. 1, 1968; 2011, No. 155 (Adj. Sess.), § 9; 2017, No. 130 (Adj. Sess.), § 12.

History

Source. 1949, No. 78 . V.S. 1947, § 3680. 1947, No. 202 , § 3702. 1943, No. 40 , § 1. P.L. § 3595. 1933, No. 157 , § 3350. 1927, No. 58 , §§ 1, 2. 1921, No. 103 , § 1. G.L. § 4058. 1917, No. 104 , § 4.

Amendments--2017 (Adj. Sess.). Subdivs. (4) and (8): Amended generally.

Amendments--2011 (Adj. Sess.). Made gender-neutralizing changes throughout the section; in subdiv. (2), substituted "selectboard" for "selectmen" throughout and made related grammatical changes, and deleted ", other than orders for poor relief" following "general fund of the town"; and substituted "15 percent" for "fifteen percent" in subdiv. (5).

Amendments--1967. Subdiv. (6): Repealed.

ANNOTATIONS

Analysis

1. Books and records.
2. Supplies.
3. Repairs.
4. Sewers.
5. Library trustees.

1. Books and records.

Town manager being required to do financial accounting pertaining to schools, is entitled to such books, receipts, vouchers, and other papers as school directors may have that are reasonably necessary to enable him to perform such duty. Farmer v. Haley, 100 Vt. 75, 135 A. 12 (1926).

2. Supplies.

Under this section town manager has authority to purchase supplies for departments of town only, and not for school district. Farmer v. Haley, 100 Vt. 75, 135 A. 12 (1926).

3. Repairs.

Under subdivision (4) of this section town manager has duty, formerly upon school directors, of making necessary repairs on school buildings and other school property to keep same in suitable condition for purposes for which intended, irrespective of sanction or approbation of school directors. Farmer v. Haley, 100 Vt. 75, 135 A. 12 (1926).

Town school district treasurer has no authority to pay orders drawn for repairs unless and until approved by town manager. Farmer v. Haley, 100 Vt. 75, 135 A. 12 (1926).

4. Sewers.

Allocation of sewer units were properly made by town manager rather than selectboard, under subdivision (9)(D) of this section. Bryant v. Town of Essex, 152 Vt. 29, 564 A.2d 1052 (1989).

5. Library trustees.

§ 1237. Examination of departments.

The selectboard may cause the affairs of any town office or the conduct of any officer or employee thereof to be examined. It may compel the attendance of witnesses and the production of books, papers, and other evidence. The manager shall have access to all town books and papers for information necessary for the proper performance of his or her duties.

History

Source. V.S. 1947, § 3681. P.L. § 3596. G.L. § 4059. 1917, No. 104 , § 5.

2016. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

§ 1238. Additional duties.

The powers, duties, and liabilities imposed upon any other departments of the town inconsistent with the provisions of this chapter shall be suspended and shall be conferred and imposed upon the manager.

History

Source. V.S. 1947, § 3682. P.L. § 3597. G.L. § 4060. 1917, No. 104 , § 7.

§ 1239. Compensation; how fixed.

The manager shall receive such pay as may be fixed by the selectboard, unless otherwise specifically voted by the town.

History

Source. V.S. 1947, § 3683. P.L. § 3598. G.L. § 4061. 1917, No. 104 , § 8.

2016. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

§ 1240. Operation of chapter.

The provisions of this chapter shall not become operative in a town unless the same are approved and adopted by a majority of the legal voters of such a town present and voting at an annual or special meeting as hereinafter provided.

History

Source. V.S. 1947, § 3684. P.L. § 3599. 1933, No. 157 , § 3354. G.L. § 4062. 1917, No. 104 , § 9.

§ 1241. Petition; warning.

When voters, in number equal to five percent of the registered voters in town, petition the selectboard in writing to adopt or rescind the town manager form of governance, the warning for the annual or special meeting that shall be called upon such petition shall contain an article in substantially the form set forth in section 1243 of this chapter.

Amended 1985, No. 196 (Adj. Sess.), § 13; 2019, No. 67 , § 21.

History

Source. V.S. 1947, § 3685. P.L. § 3600. 1933, No. 157 , § 3355. G.L. § 4063. 1917, No. 104 , §§ 1, 10.

2016. Substituted "selectboard" for "selectmen" in two places in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

Amendments--2019. Section amended generally.

Amendments--1985 (Adj. Sess.). Substituted "five percent of the legal voters in town" for "four percent of the total vote cast for governor in a town at the last election" following "equal to".

§ 1242. Revocation.

A town that has adopted the provisions of this chapter may reject the same by a majority vote of the legal voters present and voting at a special or an annual meeting, provided a proper article therefor is inserted in the warning of such meeting. If approved, such a vote shall become effective 30 days after the date of its adoption.

Amended 1985, No. 198 (Adj. Sess.), § 1.

History

Source. V.S. 1947, § 3686. P.L. § 3601. G.L. § 4065. 1917, No. 104 , § 12.

Amendments--1985 (Adj. Sess.). Inserted "a special or an" following "voting" in the first sentence and added the second sentence.

§ 1243. Method of voting.

A town may vote at an annual or special meeting to adopt or rescind the provisions of this chapter A vote on the question shall be in substantially the following form:

"Shall the [town name] [adopt/rescind] the town manager form of governance in accordance with the provisions of chapter 37 of Title 24 of the Vermont Statutes Annotated?"

Amended 2019, No. 67 , § 21.

History

Source. V.S. 1947, § 3687. 1941, No. 50 , § 1. P.L. § 3602. 1933, No. 157 , § 3357. 1931, No. 52 , § 2. 1931, No. 51 , § 2.

2019. At the end of the first sentence, deleted "Australian", which was inadvertently not set out in strikethrough along with the rest of the text in that sentence that was deleted by 2019, No. 67 , § 21.

2016. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

Amendments--2019. Section amended generally.

CHAPTER 39. INCORPORATED VILLAGES

Sec.

§ 1301. Establishment of villages.

Upon a petition of a majority of the voters in town meeting residing in a village containing 30 or more houses, the selectboard shall establish the bounds of such village and cause a description thereof, by its name and bounds, to be recorded in the office of the town clerk and posted in two or more public places in such village. The residents in such village shall thereupon become a body politic and corporate with the powers incident to a public corporation, be known by the name given in such description, by that name may sue and be sued, and hold and convey real and personal estate for the use of the corporation.

History

Source. V.S. 1947, § 3728. P.L. § 3633. G.L. § 4104. 1915, No. 1 , § 118. 1910, No. 115 , § 19. P.S. § 3577. 1906, No. 101 , § 1. V.S. § 3121. R.L. § 2777. G.S. 16, §§ 1, 4. R.S. 14, § 1. 1819, p. 33.

2016. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

Cross References

Cross references. Village defined, see 1 V.S.A. § 140.

ANNOTATIONS

Analysis

1. Laying out limits.
2. Attacking existence.

1. Laying out limits.

Laying out and establishing limits and bounds of village in these words: "Commencing with Samuel Hall, thence to William Scales, also including John W. Dana, Jason and Warren Britt and Thomas Lyford," - was uncertain and insufficient; it must be so described as to include territory, with certain outlines and boundaries. Cutting v. Stone, 7 Vt. 471 (1835).

2. Attacking existence.

Until State institutes proceedings by which municipal corporation organized under color of law is suppressed, it exists de facto and public functions with which it is charged, within the scope of its apparent powers, may be lawfully performed by its officials as de facto officers. Wright v. Phelps, 89 Vt. 107, 94 A. 294 (1914).

Legal existence of municipal corporation organized and acting under color of law with acquiescence of State cannot be collaterally attacked, as in suit to restrain collection of taxes. Wright v. Phelps, 89 Vt. 107, 94 A. 294 (1914).

§ 1302. Alteration of boundaries.

Such corporation may alter the boundaries of such village, with the consent of the persons included in or excluded from the same by such alteration, and a record of such alteration shall be made by the town clerk. The inhabitants included within the limits of such village shall remain inhabitants of the town the same as though a corporation had not been formed.

History

Source. V.S. 1947, § 3729. P.L. § 3634. G.L. § 4105. 1915, No. 1 , § 119. 1910, No. 115 , § 19. P.S. § 3579. V.S. § 3122. R.L. § 2778. G.S. 16, § 7.

Cross References

Cross references. Annexation of adjacent territory to villages, see § 1316 of this title.

§ 1303. Voters.

Persons residing within the limits of an incorporated village who are qualified voters in town meeting shall be voters in village meeting.

History

Source. V.S. 1947, § 3730. P.L. § 3635. 1933, No. 40 , §§ 1, 2. 1933, No. 157 , § 3390. 1921, No. 105 , § 1. G.L. § 4106. 1915, No. 1 , § 120. 1910, No. 115 , § 19. P.S. § 3580. 1904, No. 74 , § 1. V.S. § 3123. R.L. § 2779. G.S. 16, § 9. R.S. 14, § 8.

§ 1304. First meeting; officers.

Within 60 days after record of its name and bounds has been made, the voters in such village shall meet in the village. Notice of the day, hour, and place of the meeting, signed by the town clerk, or, upon his or her default, by a selectperson, shall be posted in four public places in the village and published once in each newspaper published therein, at least ten days previous thereto. The meeting may be called to order by the officer signing the notice.
At such meeting, or at an adjournment thereof, the corporation shall elect a presiding officer, a clerk, five trustees, a treasurer, and a collector of taxes and may elect a tree warden and chief engineer who shall hold their offices until the first annual meeting and until others are elected and qualified. Any qualified and eligible voter of the town in which such village is situated may be elected as such tax collector, chief engineer, clerk, treasurer, or presiding officer.
Amended 1961, No. 11 , eff. March 3, 1961; 2003, No. 90 (Adj. Sess.), § 1.

History

Source. 1953, No. 144 . V.S. 1947, § 3731. 1943, No. 41 , § 1. 1941, No. 52 , § 1. P.L. § 3636. 1933, No. 157 , § 3391. G.L. § 4107. 1915, No. 1 , § 121. 1910, No. 115 , § 19. P.S. § 3581. 1906, No. 99 , § 1. V.S. § 3124. R.L. § 2780. G.S. 16, § 2. R.S. 14, § 8.

2016. Added the subsec. (a) and (b) designations.

Amendments--2003 (Adj. Sess.). Substituted "60" for "sixty" preceding "days" in the first sentence, inserted "or her" following "his" and substituted "selectperson" for "selectman" in the second sentence, and inserted "treasurer" following "clerk" in the fifth sentence.

Amendments--1961. Inserted "clerk" in the last sentence.

§ 1305. Meetings; warnings.

After the first election, a meeting of such corporation shall be held in each year at the time and place designated in its bylaws, to elect officers and for the transaction of business specified in the warning of such meeting. Special meetings may be called by the trustees. Warnings shall be signed by the clerk, shall specify the business to be transacted as the trustees direct, shall be published in a newspaper of general circulation in the village, and shall be posted in two public places in such village, not more than 40 days nor less than 30 days before such meeting. Such warning shall be recorded in the office of the clerk before it is posted.

Amended 1985, No. 196 (Adj. Sess.), § 20.

History

Source. V.S. 1947, § 3732. P.L. § 3637. G.L. § 4108. 1915, No. 1 , § 122. 1910, No. 115 , § 19. P.S. § 3582. V.S. § 3125. 1888, No. 131 , § 1. R.L. § 2781. G.S. 16, §§ 3, 9.

Amendments--1985 (Adj. Sess.). Rewrote the third sentence.

ANNOTATIONS

Analysis

1. Adjournment of meetings.
2. Recording notice.

1. Adjournment of meetings.

When act incorporating village imperatively declares that its trustees shall be annually elected on certain day, majority of meeting called for purpose of electing such officers has no power to adjourn meeting without day, and if legal minority immediately following such adjournment reorganizes the meeting and elects trustees, they are entitled to hold their office. Stone v. Small, 54 Vt. 498 (1882).

2. Recording notice.

Proceedings of school district meeting were not void because clerk failed to record warning in accordance with this section. Adams v. Sleeper, 64 Vt. 544, 24 A. 990 (1892).

§ 1306. Oaths and bonds of officers.

The clerk, treasurer, and collector of such corporation shall be sworn. The treasurer and collector shall give a bond to the corporation in such sum and with such sureties as are prescribed and approved by the trustees, conditioned for the faithful performance of their duties.

History

Source. V.S. 1947, § 3733. P.L. § 3638. G.L. § 4109. 1915, No. 1 , § 123. 1910, No. 115 , § 19. P.S. § 3583. V.S. § 3127. R.L. § 2782. G.S. 16, § 8.

ANNOTATIONS

1. Defenses to suit on bond.

In suit against collector for not paying over taxes actually collected, it was no defense that grand list was invalid, or that he did pay over the money collected on that bill to apply on previous bills. Village of Montpelier v. Clarke, 67 Vt. 479, 32 A. 252 (1895).

§ 1307. Duties of clerk; fees.

The clerk shall keep records of the proceedings of such corporation and give copies of the same when required. He or she shall be paid therefor the same fees as a town clerk.

History

Source. V.S. 1947, § 3734. P.L. § 3639. G.L. § 4110. 1915, No. 1 , § 124. 1910, No. 115 , § 19. P.S. § 3584. V.S. § 3128. R.L. § 2783. G.S. 16, § 9.

Cross References

Cross references. Fees of town clerks, see 32 V.S.A. § 1671.

§ 1308. Duties of trustees; vacancies.

The trustees of a village incorporated under general or special law shall see that its bylaws are executed, direct prosecutions for breaches thereof, and generally shall take care of the affairs of such corporation and perform the duties legally enjoined on them by such corporation. In case of the death, removal, absence, or incapacity of the clerk, the trustees may designate one of their number to perform his or her duties, and may fill a temporary vacancy in any office of such corporation, until an election is had. A record of such appointment shall be made in the office of the clerk of the village.

History

Source. V.S. 1947, § 3735. P.L. § 3640. G.L. § 4111. 1915, No. 1 , § 125. 1910, No. 115 , § 19. P.S. § 3585. V.S. § 3129. R.L. § 2784. 1870, No. 39 , § 3. G.S. 16, § 10.

§ 1309. Taxes; assessment and collection.

At a meeting legally warned for that purpose, corporations formed under this subchapter may vote a tax upon the taxable estate therein or may vote a specific amount to be appropriated for the lawful purposes of the corporation. If a corporation votes a specific amount to be appropriated, the trustees shall, after the grand list book has been computed and lodged, set the tax rate necessary to raise the specific amount voted. The trustees shall make out and deliver to the collector a tax bill, with a warrant for its collection, and the collector shall have the same powers to collect such tax bill as a collector of town taxes.

Amended 2003, No. 90 (Adj. Sess.), § 2.

History

Source. V.S. 1947, § 3736. P.L. § 3641. G.L. § 4112. 1915, No. 1 , § 126. 1910, No. 115 , § 19. P.S. § 3586. V.S. § 3130. R.L. § 2785. G.S. 16, § 4.

Amendments--2003 (Adj. Sess.). In the first sentence, deleted "so" preceding "formed"; inserted "under this subchapter" following "formed"; deleted "polls and" preceding "taxable"; inserted "or may vote a specific amount to be appropriated" following "therein" and added the present second sentence.

§ 1310. Bylaws.

An incorporated village may enact such bylaws and regulations as are expedient, not inconsistent with law, particularly such as relate to streets, sidewalks, lanes, commons, shade and ornamental trees and lights thereon, slaughterhouses and nuisances, police protection, restraint of animals, erection and regulation of buildings and hay scales, the preservation of buildings, with the right of directing alterations in stoves, fireplaces, and causes from which danger from fire may be apprehended, fire engines and other apparatus necessary for the extinguishment of fire, establishment and regulation of fire companies, and to the manufacture and safekeeping of ashes, explosives, and combustibles.

History

Source. V.S. 1947, § 3737. 1947, No. 202 , § 3759. P.L. § 3642. G.L. § 4113. 1915, No. 1 , § 127. 1910, No. 115 , § 19. P.S. § 3587. V.S. § 3131. R.L. § 2786. G.S. 16, § 7. 1845, No. 8 .

ANNOTATIONS

1. Traffic regulations.

This section is general in nature and permits traffic regulations to be enacted, if charter itself does not prohibit such regulations. 1956-58 Op. Atty. Gen. 269.

§ 1311. Forfeiture for breach of bylaws.

An incorporated village may fix the amount of forfeitures for the breach of bylaws, not exceeding $20.00 for any one offense, to be recovered by a civil action on this statute. Such action shall be brought within 90 days from the time the offense is committed, before a Criminal Division of the Superior Court.

Amended 1965, No. 194 , § 10, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 79, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 238; 2017, No. 74 , § 73.

History

Source. V.S. 1947, § 3738. P.L. § 3643. G.L. § 4114. 1915, No. 1 , § 128. 1910, No. 115 , § 19. P.S. § 3588. V.S. § 3132. R.L. § 2787. G.S. 16, § 7. 1845, No. 8 .

Revision note. Substituted "a civil action" for "an action of contract" to conform to Rule 2, Vermont Rules of Civil Procedure, pursuant to 1971, No. 185 (Adj. Sess.) § 236(d). See note under 4 V.S.A. § 219.

Amendments--2017. Section heading: Added "of bylaws".

Amendments--2009 (Adj. Sess.) Substituted "criminal division of the superior court" for "district court" in the second sentence.

Amendments--1973 (Adj. Sess.). Deleted "justice of the peace in such village or a" preceding "district court" at the end of the second sentence.

Amendments--1965. Substituted "district court" for "municipal court" at the end of the second sentence.

§ 1312. Damages in laying out street; appeal.

The trustees of an incorporated village may lay out a street, lane, or walk within its limits, and may appraise the damages. An appeal may be taken by landowners as provided when land is taken for highways.

History

Source. V.S. 1947, § 3739. P.L. § 3644. G.L. § 4115. 1917, No. 254 , § 4050. 1910, No. 115 , § 19. P.S. § 3589. V.S. § 3139. R.L. § 2789. 1870, No. 40 .

Cross References

Cross references. Laying out, discontinuing, and reclassifying highways, see 19 V.S.A. ch. 7.

ANNOTATIONS

Analysis

1. Appeals.
- - Generally.
- - Parties.

1. Appeals .

Having applied to village trustees to lay proposed highway, petitioners may go directly to county court without application to selectboard of town. Mason v. St. Albans, 68 Vt. 66, 33 A. 1068 (1896).

*2. Parties.

Trustees of village having refused to lay out highway on petition, petitioners had right to make application to county court for commissioners, just as though refusal had been by selectboard, but town and not village should have been made defendant in county court proceedings. Landon v. Rutland, 41 Vt. 681 (1869).

§ 1313. Village may indemnify officers.

An incorporated village, by vote, may indemnify a duly appointed public or peace officer of the village against legal proceedings for injuries committed by him or her while in the lawful discharge of his or her official duties. If an action is commenced against such officer, upon vote of such village, the trustees may defend such action at its expense.

History

Source. V.S. 1947, § 3740. P.L. § 3645. G.L. § 4116. P.S. § 3590. V.S. § 3141. R.L. § 2791. 1870, No. 39 , §§ 1, 2.

ANNOTATIONS

Analysis

1. Construction with other laws.
2. Applicability.

1. Construction with other laws.

Since village fire chief is a "public officer" subject to 24 V.S.A § 1313, he may be sued in his individual capacity as fire chief and is not entitled to summary judgment under 24 V.S.A. § 901 (a), which would require injured firefighter to bring his negligence action against the village. Holmberg v. Brent, 161 Vt. 153, 636 A.2d 333 (1993).

2. Applicability.

24 V.S.A. § 1313 did not provide a village with the right to vote on whether village trustees should be indemnified in an action that residents filed against the village and the trustees because the trustees were elected and § 1313 applied only to duly appointed public officers. Merrill v. Village of N. Troy, - F. Supp. 2d - (D. Vt. Dec. 19, 2008).

Cited. Holmberg v. Brent, 161 Vt. 153, 636 A.2d 333 (1993); Hudson v. Town of East Montpelier, 161 Vt. 168, 638 A.2d 561 (1993).

§ 1314. Powers of officers.

Where acts of incorporation or special laws applicable to villages give to any officers of the village powers conferred upon the selectboards of towns by general law, such village officers may exercise such powers within the limits of the village.

History

Source. V.S. 1947, § 3741. P.L. § 3646. G.L. § 4117. P.S. § 3591. V.S. § 3142. R.L. § 2792.

2016. Substituted "selectboards" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

§ 1315. Appointment of manager.

An incorporated village may avail itself of the provisions of chapter 37 of this title so far as applicable, if a majority of the voters thereof present and voting at any annual or special meeting so vote under a proper article in the warning therefor as in such chapter provided. The trustees of a village adopting the provisions of such chapter shall have the same powers in respect to the employment, direction, supervision, and discharge of a manager and the fixing of his or her bond and salary as are therein conferred upon a selectboard.

History

Source. V.S. 1947, § 3742. P.L. § 3647. G.L. § 4118. 1917, No. 104 , § 13.

2016. Substituted "a selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

§ 1316. Annexation of adjacent territory to villages.

The trustees of an incorporated village may petition in writing a judge of the Superior Court of the county in which such village is situated, to have commissioners appointed to determine the advisability of enlarging the limits of such village, by including territory of the town in which such village is situated. Thereupon, such judge shall appoint three disinterested freeholders, who shall act as such commissioners.

History

Source. V.S. 1947, § 3752. P.L. § 3657. G.L. § 4128. 1915, No. 1 , § 132. 1910, No. 115 , § 19. P.S. § 3600. V.S. § 3146. 1894, No. 129 , §§ 1, 2. 1884, No. 68 , §§ 1, 2.

Amendments--1973 (Adj. Sess.). Substituted "superior court" for "county court".

§ 1317. Annexation; procedure.

The commissioners shall give notice of the time and place of hearing, hear parties interested, and decide whether such enlargement is advisable. When they decide in favor of the annexation, they shall fix the bounds of the territory to be annexed. If such village is divided into wards, they shall determine in what ward or wards such annexed territory shall be placed, or, if necessary, create additional wards out of the same. They shall cause their report, containing a statement of the bounds fixed for such annexed territory and of the new and altered wards, if any, to be recorded in the office of the town clerk.

Amended 2017, No. 74 , § 74.

History

Source. V.S. 1947, § 3753. P.L. § 3658. G.L. § 4129. 1915, No. 1 , § 133. 1910, No. 115 , § 19. P.S. § 3601. V.S. § 3147. 1891, No. 3 , § 1. 1884, No. 68 , § 3.

Amendments--2017. Section heading: Inserted "Annexation;" preceding "procedure".

§ 1318. Annexation; fix time for voting.

At the time of making their decision, if they decide in favor of enlargement, the commissioners shall appoint a time and place at which persons residing within the bounds of the territory sought to be annexed, as fixed by the commissioners, shall meet to vote upon the question of annexation. Such commissioners shall give public notice of such meeting in such manner as they see fit.

Amended 2017, No. 74 , § 75.

History

Source. V.S. 1947, § 3754. P.L. § 3659. G.L. § 4130. 1915, No. 1 , § 134. 1910, No. 115 , § 19. P.S. § 3602. V.S. § 3148. 1884, No. 68 , § 4.

Amendments--2017. Section heading: Inserted "Annexation;" preceding "fix".

§ 1319. Voting in territory proposed to be annexed.

At such meeting, the residents of such territory who are voters in town meeting may vote on the question of annexation. When a majority of such residents in number and amount of grand list vote in favor of such annexation, such vote shall be recorded in the office of the town clerk.

History

Source. V.S. 1947, § 3755. P.L. § 3660. G.L. § 4131. 1915, No. 1 , § 135. 1910, No. 115 , § 19. P.S. § 3603. V.S. § 3149. 1884, No. 68 , § 5.

§ 1320. Village to vote on question of annexation.

Upon the record of such favorable vote, the trustees of such village shall cause a village meeting to be warned. At such meeting, the question of annexation shall be submitted to the voters of such village. When a majority in number of the voters at such meeting vote in favor of such annexation, such vote shall be recorded in the office of the town clerk. From the date of such record, the territory sought to be annexed shall become a part of such village.

History

Source. V.S. 1947, § 3756. P.L. § 3661. G.L. § 4132. 1915, No. 1 , § 136. 1910, No. 115 , § 19. P.S. § 3604. V.S. § 3150. 1884, No. 68 , § 6.

§ 1321. Rights of voters in annexed territory.

Persons residing in such annexed territory, who, at the time of such annexation, are voters in village meeting, shall forthwith become legal voters of such village and of the wards in which they reside, subject to the general provisions of its charter. A new or altered ward of such village shall be entitled to the same officers and privileges as other wards thereof.

History

Source. V.S. 1947, § 3757. P.L. § 3662. G.L. § 4133. 1915, No. 1 , § 137. 1910, No. 115 , § 19. P.S. § 3605. V.S. § 3151. 1891, No. 3 , § 2.

CHAPTER 41. UNIFIED TOWNS AND GORES IN ESSEX COUNTY

Sec.

History

Amendments--2005 (Adj. Sess.). 2005, No. 105 (Adj. Sess.), § 1, substituted "unified" for "unorganized" preceding "towns" in the chapter heading.

Cross References

Cross references. Assessment and collection of taxes in unorganized towns and gores in Essex County, see 32 V.S.A. ch. 133, subch. 6.

Unorganized towns and gores generally, see 24 V.S.A. ch. 43.

§ 1351. Definitions.

In this chapter, unless the context otherwise requires:

"Appraisers" means the appraisers for the unified towns and gores in Essex County, designated in section 1355 of this title.
"Board of Governors" means the Board of Governors for the unified towns and gores in Essex County, elected in section 1351a of this title.
"Gores" means the unified towns and gores in Essex County, or any one of them.
"Supervisor" means the supervisor for the unified towns and gores in Essex County, appointed in section 1351b of this title.
Added 1967, No. 331 (Adj. Sess.), § 1, eff. Jan. 1, 1969; amended 1999, No. 139 (Adj. Sess.), § 4, eff. May 18, 2000; 2003, No. 96 (Adj. Sess.), § 1; 2005, No. 105 (Adj. Sess.), § 1.

History

Revision note. Substituted "requires" for "required" at the end of the introductory clause to correct a grammatical error.

Added subdivision designations to conform section to V.S.A. style.

Added "of this title" following "section 1352" and "section 1355" to conform references to V.S.A. style.

Amendments--2005 (Adj. Sess.). 2005, No. 105 (Adj. Sess.), § 1, substituted "unified" for "unorganized" preceding "towns" throughout the section.

Amendments--2003 (Adj. Sess.). Subdiv. (2): Substituted "elected" for "appointed".

Amendments--1999 (Adj. Sess.). Section amended generally.

Applicability--1999 (Adj. Sess.) amendment 1999, No. 139 (Adj. Sess.), § 5, eff. May 18, 2000, provided in part that section 4 of the act, which amended this section, shall apply to grand lists for April 1, 2000 or after.

§ 1351a. Board of Governors.

The Board of Governors shall be composed of three individuals residing in the gores. At each annual meeting, the residents of the gores shall elect a member, who shall serve for a term of three years, for each expired term. A vacancy on the Board shall be filled at the next annual meeting in a manner to retain staggered terms.
The residents of the gores may vote at an annual or special meeting to elect not more than two additional members of the Board of Governors for terms of two years each. When the additional members are first elected, one shall be elected for one year and the other member shall be elected for two years. Terms of these additional members shall end on annual meeting days. If the additional members are elected at a special meeting, the term of those elected for one year shall expire on the next annual meeting day and the term of those elected for two years shall expire on the second annual meeting day following their election. A vote establishing additional members of the Board of Governors shall remain in effect until the residents of the gores vote to discontinue the positions at an annual or special meeting duly warned for that purpose.
Added 1999, No. 139 (Adj. Sess.), § 4, eff. May 18, 2000; amended 2003, No. 96 (Adj. Sess.), § 2.

History

Amendments--2003 (Adj. Sess.). Subsec. (a): Added the subsection designation; substituted "gores" for "Gores"; deleted the former second sentence; deleted "thereafter" following "meeting", substituted "gores" for "Gores" in the present second sentence and inserted "in a manner to retain staggered terms" at the end of the subsection.

Subsec. (b): Added.

Application. 1999, No. 139 (Adj. Sess.), § 5, eff. May 18, 2000, provided in part that section 4 of the act, which enacted this section, shall apply to grand lists for April 1, 2000 or after.

Election of initial Board of Governors. 1999, No. 139 (Adj. Sess.), § 4a, eff. May 18, 2000, provided: "The assistant judges for Essex County shall call a meeting of the residents and property owners of the unorganized towns and gores of Essex County for the purpose of electing the initial board of governors authorized under this act and for any other business warned for no later than July 1, 2000. The meeting shall be held in Essex County. Notice of the meeting shall be sent by first class mail to all residents and property owners of the unorganized towns and gores at their last known address at least 30 days before the meeting. The Essex County clerk shall serve as the board of civil authority for the unorganized towns and gores of Essex County until the election of the initial board of governors and shall serve as the supervisor of the unorganized towns and gores of Essex County until the board of governors appoints a supervisor pursuant to this act."

§ 1351b. Functions and duties of Board of Governors.

The Board of Governors shall hire, direct, or fire one or more supervisors for the gores who shall reside in Essex County, and who shall not be a current member of the Board of Governors. The Board of Governors shall oversee the Supervisor or supervisors in the execution of the Supervisor's functions and duties.
The Board of Governors shall appoint the appraisers. Each of the appraisers shall be a resident of Essex County.
1. The Board of Governors shall perform the same functions and duties for the gores that a selectboard, school board, and board of civil authority perform for their municipality. (c) (1) The Board of Governors shall perform the same functions and duties for the gores that a selectboard, school board, and board of civil authority perform for their municipality.
2. Except as otherwise specifically provided, the Board of Governors shall enjoy the same powers, privileges and immunities, and fees, and shall be subject to the same obligations, limitation, liabilities, and penalties in respect to the gores, as a selectboard, school board, and board of civil authority enjoy and are subject to in respect to their municipality.
3. The unified towns and gores of Essex County shall be a "municipal corporation" under subsection 1751(a) of this title and shall have the authority to incur debt, issue bonds, and borrow money in accordance with the provisions of chapter 53 of this title.
  Added 1999, No. 139 (Adj. Sess.), § 4, eff. May 18, 2000; amended 2003, No. 96 (Adj. Sess.), § 3; 2007, No. 4 , § 1; 2017, No. 98 (Adj. Sess.), § 1, eff. April 11, 2018.

History

2016. In subsec. (c), added the subdiv. (1)-(3) designations.

Amendments--2017 (Adj. Sess.). Subsec. (b): Substituted "Essex County" for "the gores" at the end of the second sentence.

Amendments--2007. Subsec. (c): Added the third sentence.

Amendments--2003 (Adj. Sess.). Subsec. (a): Substituted "hire, direct, or fire one or more supervisors" for "appoint a supervisor"; "gores" for "Gores" and "reside in" for "be a resident" and inserted "or supervisors" following "supervisor".

Subsec. (c): Substituted "gores" for "Gores" in two places; inserted "a selectboard, school board, and" preceding "board of civil" in two places; substituted "perform" for "performs", "their" for "its" preceding "municipality", "enjoy" for "enjoys" and "are" for "is".

Application. 1999, No. 139 (Adj. Sess.), § 5, eff. May 18, 2000, provided in part that section 4 of the act, which enacted this section, shall apply to grand lists for April 1, 2000 or after.

§ 1352. Repealed. 1999, No. 139 (Adj. Sess.), § 4, eff. May 18, 2000.

History

Former § 1352. Former § 1352, which related to duties and responsibilities of the supervisor, was derived from 1967, No. 331 (Adj. Sess.), § 1; and amended by 1973, No. 58 , § 1.

§ 1353. Functions and duties of supervisor.

The supervisor or supervisors shall perform the same functions and duties for the gores that the truant officer, constable, treasurer, collector of taxes, and town clerk perform for their municipality.
Except as otherwise specifically provided, the supervisor or supervisors shall enjoy the same powers, privileges, immunities, and fees, and shall be subject to the same obligations, limitations, liabilities, and penalties in respect to the gores, as the truant officer, constable, treasurer, collector of taxes, and town clerk enjoy and are subject to in respect to their municipality.
Added 1967, No. 331 (Adj. Sess.), § 1, eff. Jan. 1, 1969; amended 1999, No. 139 (Adj. Sess.), § 4, eff. May 18, 2000; 2003, No. 96 (Adj. Sess.), § 4.

History

2016. Added the subsec. (a) an d (b) designations.

Amendments--2003 (Adj. Sess.). Inserted "or supervisors" following "supervisor" in two places; substituted "gores" for "Gores" in two places and deleted "school director" preceding "truant officer" in two places.

Amendments--1999 (Adj. Sess.). Added "of supervisor" to the end of the section catchline, substituted "the Gores" for "his unorganized towns and gores" in the first and second sentence and deleted "selectmen, board of civil authority" preceding "school director" in the first and second sentence.

§ 1354. Accounts; annual report.

The supervisor or supervisors shall maintain an account showing in detail the revenue raised and the expenses necessarily incurred in the performance of the supervisor's duties. The supervisor or supervisors shall prepare an annual fiscal report on or before July 1 which shall conform to procedural and substantive requirements to be established by the Board of Governors and which, upon approval by the Board of Governors, shall be distributed to the residents of the gores.

Added 1967, No. 331 (Adj. Sess.), § 1, eff. Jan. 1, 1969; amended 1969, No. 219 (Adj. Sess.), § 1, eff. March 27, 1970; 1977, No. 146 (Adj. Sess.), § 3; 1999, No. 139 (Adj. Sess.), § 4, eff. May 18, 2000; 2003, No. 96 (Adj. Sess.), § 5; 2013, No. 142 (Adj. Sess.), § 37; 2015, No. 131 (Adj. Sess.), § 27.

History

Amendments--2015 (Adj. Sess.). Substituted "on or before July 1" for "by July 1" in the second sentence, and deleted the final sentence.

Amendments--2013 (Adj. Sess.). Added the last sentence.

Amendments--2003 (Adj. Sess.). Inserted "or supervisors" following "supervisor" in the first and second sentences and substituted "gores" for "Gores" at the end of the section.

Amendments--1999 (Adj. Sess.). Added "annual report" at the end of the section catchline, substituted "of the supervisor's duties" for "of his duties" in the first sentence and added the second sentence.

Amendments--1977 (Adj. Sess.). Deleted the second sentence.

Amendments--1969 (Adj. Sess.). Rewrote the second sentence.

§ 1355. Appraisers.

Subject to the approval of the Director of the Division of Property Valuation and Review, the supervisor shall appoint for the year 1973: one appraiser for a term of three years; one appraiser for a term of two years; and one appraiser for a term of one year. For each year thereafter, the Board of Governors shall annually appoint one appraiser for a term of three years. The Board of Governors may revoke any appointment made under this section and shall, subject to the approval of the Director of the Division of Property Valuation and Review, fill any vacancy in the Board of Appraisers.

Added 1967, No. 331 (Adj. Sess.), § 1, eff. Jan. 1, 1969; amended 1973, No. 58 , § 2, eff. April 1, 1973; 1977, No. 105 , § 14(b); 1999, No. 139 (Adj. Sess.), § 4, eff. May 18, 2000.

History

Amendments--1999 (Adj. Sess.). Section amended generally.

Amendments--1977. Substituted "director of the division of property valuation and review" for "commissioner of taxes".

Amendments--1973. Rewrote the first sentence and added the third sentence.

Cross References

Cross references. Compensation of appraisers for unified towns and gores in Essex county, see 32 V.S.A. § 1228.

§ 1356. Functions and duties of Board of Appraisers.

The Board of Appraisers shall perform the same functions and duties for the unified towns and gores of Essex County that listers perform for their municipality.
Except as otherwise specifically provided, the appraisers shall enjoy the same powers, privileges, immunities, and remuneration and shall be subject to the same obligations, limitations, liabilities, and penalties in respect to the unified towns and gores of Essex County as listers enjoy and are subject to in respect to their municipality.
Added 1967, No. 331 (Adj. Sess.), § 1, eff. Jan. 1, 1969; amended 1999, No. 139 (Adj. Sess.), § 4, eff. May 18, 2000; 2017, No. 74 , § 76.

History

Amendments--2017. Added the subsec. (a) and (b) designations; in subsec. (a), substituted "unified" for "unorganized" and inserted "of Essex County" following "gores"; and in subsec. (b), substituted "the unified" for "unorganized" preceding "towns" and inserted "of Essex County" following "gores".

Amendments--1999 (Adj. Sess.). Added "of board of appraisers" to the end of the section catchline and inserted "board of" preceding "appraisers" in the first sentence.

CHAPTER 43. UNORGANIZED TOWNS AND GORES

Sec.

History

Pursuant to 1967, No. 331 (Adj. Sess.), § 5, eff. July 1, 1969, this chapter no longer applies to the unorganized towns and gores in Essex County, or to the supervisor or appraisers for those unorganized towns and gores.

Cross References

Cross references. Assessment and collection of taxes in unorganized towns and gores generally, see 32 V.S.A. ch. 133, subch. 5.

Unified towns and gores of Essex County, see 24 V.S.A. ch. 141.

§ 1401. Appraisers; appointment.

Subject to the approval of the Governor, the Director of the Division of Property Valuation and Review shall appoint biennially on the first Tuesday of March a board of three appraisers for the unorganized towns and gores in each county, with power to revoke any such appointment and to fill any vacancy in such board.

Amended 1977, No. 105 , § 14(b).

History

Source. V.S. 1947, § 3662. 1947, No. 44 , § 6. P.L. § 3577. 1933, No. 157 , § 3332. 1923, No. 24 , § 1. G.L. § 857. 1912, No. 42 , § 2. 1910, No. 38 , § 8. P.S. § 522. V.S. § 385. 1886, No. 7 , § 1. R.L. § 290. 1865, No. 21 , § 1. 1862, No. 18 , § 1.

Amendments--1977. Substituted "director of the division of property valuation and review" for "commissioner of taxes".

Application. Pursuant to 1967, No. 331 (Adj. Sess.), § 5, eff. July 1, 1969, this section and sections 1402-1409 of this title no longer apply to the unorganized towns and gores in Essex county, or to the supervisor or appraisers for those unorganized towns and gores.

Cross References

Cross references. Compensation for appraisers of unorganized towns and gores, see 32 V.S.A. § 1227.

§ 1402. Appraisers; oath; file.

Each appraiser shall take and subscribe to an oath in form and substance as required of listers in towns and file the same in the office of the county clerk where he or she is to exercise the duties of his or her office.

Amended 2017, No. 74 , § 77; 2017, No. 113 (Adj. Sess.), § 156.

History

Source. V.S. 1947, § 3663. P.L. § 3578. 1933, No. 157 , § 3333. G.L. § 858. 1912, No. 42 , § 6. 1910, No. 38 , § 9. P.S. § 523. V.S. § 386. R.L. § 291. 1862, No. 18 , § 2.

Amendments--2017 (Adj. Sess.) Substituted "Each appraiser" for "Appraisers" preceding "shall take".

Amendments--2017. Section heading: Substituted "Appraisers; oath; file" for "Oath".

§ 1403. Supervisors; appointment.

Biennially, on February 1, to hold office for two years therefrom, the Governor shall appoint and commission one supervisor for the unorganized towns and gores in each county who shall give a bond to the State. Such supervisor shall not be an appraiser.

History

Source. V.S. 1947, § 3664. P.L. § 3579. 1933, No. 157 , § 3334. G.L. §§ 859, 952. 1915, No. 32 , § 5. 1912, No. 42 , §§ 20, 21. 1910, No. 38 , §§ 8, 10. P.S. §§ 522, 678. V.S. §§ 385, 539. 1888, No. 7 , § 1. R.L. §§ 290, 442. 1865, No. 21 , § 1. 1862, No. 18 , §§ 1, 4.

Cross References

Cross references. Compensation of supervisors of unorganized towns and gores, see 32 V.S.A. § 1229.

Supervisors of unorganized towns and gores attached to Agency of Administration, see 3 V.S.A. § 2202.

§ 1404. Supervisors; commission and oath; record.

The commission and oath of each supervisor shall be recorded in the office of the county clerk where such towns and gores are situated.

Amended 2017, No. 74 , § 78.

History

Source. V.S. 1947, § 3665. P.L. § 3580. G.L. § 860. 1912, No. 42 , § 22. 1910, No. 38 , § 9. P.S. § 523. V.S. § 386. R.L. § 291. 1862, No. 18 , § 2.

Amendments--2017. Section heading: Inserted "Supervisors; commission and" preceding "oath".

§ 1405. Supervisor not liable for mistakes.

A supervisor shall not be liable to an action which may accrue in consequence of any illegality in the assessment or apportionment of a tax, or any mistake, mischarge, or overcharge in any tax bill, or any illegality or informality in any tax bill, warrant, or other precept furnished him or her for the collection of a tax.

History

Source. V.S. 1947, § 3666. P.L. § 3581. G.L. § 953. 1912, No. 42 , § 28. P.S. § 684. V.S. § 545. R.L. § 449. G.S. 84, § 62. R.S. 77, § 36. R. 1797, p. 346, § 14.

§ 1406. Taxes expended; how.

Upon allowance of the accounts of supervisors and appraisers for unorganized towns and gores, the Commissioner of Finance and Management shall certify forthwith the amount as allowed to the State Treasurer and the balance, if any, of the monies received from any supervisor, after deducting the amount of the county tax and regional planning costs, if any. The amount of such supervisors' and appraisers' accounts, so certified, shall be used for the laying out, construction, and maintenance of highways and bridges in the unorganized towns and gores for which the supervisor is appointed, to be expended by and under the direction of the Secretary of Transportation, in the same manner as State transportation appropriations. The portion of the money which remains unexpended for more than one year may be carried forward in the supervisors' accounts for like purposes.

Amended 1959, No. 328 (Adj. Sess.), § 8(c); 1971, No. 78 , § 1, eff. April 16, 1971; 1987, No. 243 (Adj. Sess.), § 29, eff. June 13, 1988; 1993, No. 172 (Adj. Sess.), § 30; 2009, No. 50 , § 92.

History

Source. V.S. 1947, § 3667. P.L. § 3582. G.L. § 959. 1917, No. 48 , § 5. 1912, No. 42 , § 37.

Revision note. Reference to "finance director" in the first sentence changed to "commissioner of finance" to conform reference to new title and reorganization of state government. See § 2201 et seq. of Title 3.

Reference to "state highway board" in the second sentence changed to "state transportation board". See § 6 of Title 19.

Amendments--2009. Rewrote the last sentence.

Amendments--1993 (Adj. Sess.). Deleted "thereof" preceding "as allowed" in the first sentence, substituted "the" for "such" following "gores for which", "secretary of transportation" for "state transportation board" following "direction of the" and "transportation" for "highway" preceding "appropriations" in the second sentence, and substituted "the portion of the" for "such part of such" preceding "money" and "which" for "as" thereafter and deleted "such" following "adjoining" in the third sentence.

Amendments--1987 (Adj. Sess.). Inserted "and management" following "commissioner of finance" in the first sentence.

Amendments--1971. Provided for deduction of planning costs.

Amendments--1959 (Adj. Sess.). Substituted "finance director" for "auditor of accounts" in the first sentence.

§ 1407. Abatement of taxes.

Appraisers for unorganized towns and gores shall have the same power to abate a tax in the hands of a supervisor that the board for the abatement of town taxes has to abate town taxes, and shall certify such abatement to the State Treasurer.

History

Source. V.S. 1947, § 3668. 1939, No. 19 , § 3. P.L. § 3583. G.L. § 961. 1912, No. 42 , § 26. P.S. § 683. V.S. § 544. R.L. § 447. 1862, No. 18 , § 5.

§ 1408. Supervisor; general duties.

The supervisor shall act as a selectperson in matters of road encroachment, planning, and related bylaws, as school director and truant officer, as constable, as collector of taxes, as town clerk in the matter of licensing dogs, and as town clerk and board of civil authority in the matter of tax appeals from the decisions of the board of appraisers.

Amended 1967, No. 147 , § 36, eff. Oct. 1, 1968; 1971, No. 78 , § 2, eff. April 16, 1971; 2011, No. 155 (Adj. Sess.), § 19.

History

Source. V.S. 1947, § 3669. 1947, No. 44 , § 2. P.L. § 3584. 1933, No. 157 , § 3339. G.L. §§ 1303, 4250, 4648, 6743. 1917, No. 254 , § 1264a. 1915, No. 64 , § 173. 1912, No. 42 , §§ 30, 31, 32, 40. P.S. §§ 1127, 1128, 3694, 4061. 1908, No. 164 . 1906, No. 59 , § 1. 1906, No. 60 , § 1. R. 1906, §§ 1039, 1040. V.S. §§ 791, 836, 845, 3519. 1896, No. 65 , § 3. 1894, No. 162 , § 802. 1888, No. 9 , §§ 81, 207. 1884, No. 34 . R.L. §§ 511, 512, 514, 636, 3138. 1872, No. 12 . 1870, No. 18 . 1867, No. 18 , §§ 1, 2. G.S. 22, §§ 32, 49, 51. G.S. 25, § 72. 1854, No. 42 , § 1. R.S. 18, §§ 17, 19. R.S. 21, § 40. 1827, No. 23 , §§ 11, 12. R. 1797, p. 495, § 3. R. 1797, p. 359, § 18. R. 1792, p. 55. R. 1787, p. 137.

Amendments--2011 (Adj. Sess.). Substituted "The supervisor shall act as a selectperson" for "Such supervisor shall act as selectman", added "and as town clerk and board of civil authority in the matter of tax appeals from the decisions of the board of appraisers" and made related grammatical changes.

Amendments--1971. Added "planning and related bylaws".

Amendments--1967. Deleted "overseer of the poor".

Cross References

Cross references. Supervisors of unorganized towns and gores as control commissioners under liquor control laws, see 7 V.S.A. § 168.

§ 1409. Supervisor's account.

Quarterly, on the first Tuesday in February, May, August, and November, each supervisor shall render to the Commissioner of Finance and Management an account showing in detail the time spent and expenses necessarily incurred by him or her in the performance of his or her duties, except such duties as relate to the collection of taxes or are compensated by fees. Such account, as allowed by the Commissioner of Finance and Management, shall be paid by the State out of the avails of the taxes assessed under 32 V.S.A. § 4962 .

Amended 1983, No. 195 (Adj. Sess.), § 5(b).

History

Source. V.S. 1947, § 3670. P.L. § 3585. G.L. § 958. 1915, No. 32 , § 7. 1912, No. 42 , § 36.

Revision note. Reference to "auditor of accounts" and "auditor" changed to "finance director" pursuant to 1959, No. 328 (Adj. Sess.), § 8(b). See note under § 182 of Title 32.

Reference to "commissioner of finance and information support" changed to "commissioner of finance and management" in two places in light of Executive Order No. 35-8

Reference to "finance director" was changed to 'commissioner of finance" to conform reference to new title and reorganization of state government. See § 2201 et seq. of Title 3.

Amendments--1983 (Adj. Sess.). Substituted "commissioner of finance and information support" for "commissioner of finance" in two places.

CHAPTER 45. VOLUNTARY CONSOLIDATION OF TOWNS

Sec.

Cross References

Cross references. Merger of cities, incorporated villages, special purpose districts, and school districts, see 24 V.S.A. ch. 49.

§ 1421. Appointment of committee.

The selectboard of any town may appoint a committee to study the feasibility and desirability of the consolidation of such town, or parts of such town, with another town, or towns, or parts thereof.

Added 1963, No. 146 , § 1.

History

2016. Substituted "'selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

§ 1422. Assistant judges; cooperation with committee.

A committee appointed under the authority of this chapter shall confer with the assistant judges of the Superior Court within which county the town is located, who shall cooperate with such committee to study the feasibility and desirability of the consolidation of such town with another town, or towns, or parts thereof, and if the assistant judges decide that there is a reasonable possibility of such a consolidation and that it would be beneficial to the inhabitants of the areas proposed to be consolidated, they shall suggest to the selectboard of such other town or towns that they appoint a committee or committees to consider the proposed consolidation.

Added 1963, No. 146 , § 2; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.

History

2016. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

Amendments--1973 (Adj. Sess.) Substituted "Superior Court" for "county court".

§ 1423. Town committees; joint plan for consolidation.

Any committee appointed at the suggestion of the assistant judges shall meet and confer with the committee of the town proposing consolidation, and the two committees acting jointly, if they determine that a consolidation would promote the interests of the residents of the areas to be consolidated and that greater governmental efficiency would result, shall draw a detailed plan for a consolidation, setting forth the boundaries of the areas to be consolidated, scheduling and listing land, buildings, and equipment owned by each town which will not be needed after consolidation and placing a fair market value thereon and scheduling and listing land, buildings, and equipment deemed necessary for the areas to be consolidated. They shall also schedule and list the liabilities of each town and draw up a balance sheet showing the true assets and liabilities of the proposed consolidated town taking into consideration the value of the land, buildings, and equipment which will not be needed after consolidation.
Any plan for consolidation may provide for the establishment of one or more of the towns consolidating as a village within the consolidated town, and for the continuance of any zoning ordinances in effect in such town as village ordinances and, in case such town has a bonded debt, for special village tax levies for the payment thereof. Any plan may also provide that school districts within the areas to be consolidated may be established as incorporated school districts within the consolidated town.
Added 1963, No. 146 , § 3.

§ 1424. Approval by assistant judges.

Any plan drawn up as provided in section 1423 of this title shall be submitted to the assistant judges for their approval, and if they find that the plan, if carried out, would result in greater governmental efficiency for the areas involved they shall so notify the selectboard of the towns involved in the proposed consolidation and direct them to publish the plan in their respective towns and to call town meetings for the purpose of voting in said town upon the acceptance or rejection thereof. In the consideration of any consolidation plan submitted to them the assistant judges shall have due regard to the topography of the areas, the ease of transportation, the economic and social patterns, and whether a proposed consolidation would promote the interest of the inhabitants of the areas proposed to be consolidated.

Added 1963, No. 146 , § 4.

History

Revision note. Substituted "section 1423 of this title" for "the preceding section" to conform reference to V.S.A. style.

2016. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

§ 1425. Consolidation plan; publication; voting.

When any plan of consolidation has been approved by the assistant judges, the selectboard of each of the towns involved shall publish such plan by posting a copy of the same in at least three public places in each town for three consecutive weeks and causing the same to be published once a week for three consecutive weeks in a newspaper in general circulation in such town. Within 30 days after such publication the selectboard shall call a town meeting of each town to be held on the same day for the purpose of voting on the proposed consolidation. The voting shall be by ballot and shall be held at the usual polling place in each town and the polls shall be open from 6:00 A.M. to 6:00 P.M.

Added 1963, No. 146 , § 5.

History

2016. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

§ 1426. Voting qualifications.

The qualifications for voting on any proposed consolidation shall be the same as those for the election of town officers.

Added 1963, No. 146 , § 6.

§ 1427. Result of vote; certification.

The town clerk of each town voting on a proposed consolidation shall certify the result of the vote to the county clerk, and if the majority of voters in each of the respective towns involved shall have voted in favor of the plan, the county clerk shall so certify to the Secretary of State who shall report to the General Assembly then or next in session, submitting the detailed plan so approved by the towns for its consideration.

Added 1963, No. 146 , § 7.

§ 1428. Consolidated town; first meeting.

If a new consolidated town shall be established by the General Assembly, the county clerk of the county in which such consolidated town is located shall call a meeting of the qualified voters of such town, who shall be the residents of the consolidated areas who were qualified to vote at the last town meeting of their former respective towns, who shall proceed to elect a slate of town officers to serve until the next annual town meeting.

Added 1963, No. 146 , § 8.

§ 1429. State Treasurer; duties.

The State Treasurer shall act as fiduciary for any towns consolidated under the provisions of this chapter. He or she shall determine the bonds of the consolidating towns outstanding, shall give written notice to the consolidated town not less than 30 days before each due date of interest and principal due to be paid by such consolidated town, and shall bill and collect each amount so notified. Funds so collected shall be held by him or her and applied only to the payment of such bonds or of bonds of the consolidated town issued in exchange therefor.

Added 1963, No. 146 , § 9.

§ 1430. Consolidation of areas in different counties.

Should any proposed consolidation involve towns or parts of towns situated in different counties, it shall be the duty of the assistant judges of both counties to act jointly in carrying out the purposes of this chapter. Upon certifying a favorable vote on a proposed consolidation to the Secretary of State they shall also recommend within which county the proposed consolidated town should be included.

Added 1963, No. 146 , § 10.

CHAPTER 47. MUNICIPAL LINES

Sec.

History

Amendments--2005 (Adj. Sess.). 2005, No. 102 (Adj. Sess.), § 1, substituted "municipal" for "town" in the chapter heading.

Cross References

Cross references. Meridian lines for towns and cities, see 1 V.S.A. ch. 19.

ANNOTATIONS

1. Power conferred.

The power delegated under this chapter is to locate rather than create, reasonably and the selectboard and courts are confined to locating the boundary as nearly according to the charter as it reasonably can be. Town of Putney v. Town of Brookline, 126 Vt. 194, 225 A.2d 388 (1967).

The authority vested in the county courts by this chapter confers judicial power and responsibility and does not involve legislative or administrative functions. Town of Brookline v. Town of Newfane, 126 Vt. 179, 224 A.2d 908 (1966).

Proceeding given by this chapter for establishing town lines confines court to locating and establishing true division line - the charter line - between towns. Town of Searsburg v. Town of Woodford, 76 Vt. 370, 57 A. 961 (1904).

§ 1461. Location or alteration of municipal lines; monuments.

When the legislative bodies of adjoining municipalities are able to agree as to the location of a municipal line, each legislative body shall vote in meetings duly warned for the purpose to adopt the location. Prior to the vote, each legislative body shall hold at least one public hearing duly warned for the purpose of informing the public of, and allowing public comment on, the location of the line. Following the meetings, the legislative bodies shall conduct a, or ratify an existing, survey of the municipal line and file certified copies of the minutes of the meetings, and the survey, and a list of property owners, the legal location of whose property is changed by the agreement, with the Secretary of State, the clerk of each of the municipalities, and the Vermont Enhanced 911 Board.
When the legislative bodies of adjoining municipalities are unable to agree as to the location of a municipal line, or in the absence of a clearly definable charter line, the legislative bodies shall sign a written agreement to submit to arbitration pursuant to 12 V.S.A. chapter 192.
1. If an award of arbitration does not alter a municipal line, the award shall be filed with the Secretary of State and the clerk of each of the municipalities.
2. If an award of arbitration would result in an alteration of a municipal line, the award shall require that a survey be conducted of the municipal line and apportion the cost of the survey between or among the respective municipalities as deemed appropriate. Following the survey, one or more of the legislative bodies shall petition the General Assembly to adopt the alteration of the municipal line pursuant to the survey. Following enactment of legislation which alters a municipal line, the legislative bodies shall file the survey and a list of property owners, the legal location of whose property is changed by the award, with the Secretary of State, the clerk of each of the municipalities, and the Vermont Enhanced 911 Board. Each legislative body of the adjoining municipalities shall post a notice of the petition to the General Assembly that specifies the nature and extent of the proposed legislation in at least two public places and in the town clerk's office at least three weeks prior to filing the petition.
When the legislative bodies of adjoining municipalities are able to agree as to the location of a municipal line and one or more of the legislative bodies believes that alteration of the existing line or the establishment of a new line is necessary, the legislative bodies shall conduct a survey of the new municipal line. Following the completion of the survey, one or more of these legislative bodies shall petition the General Assembly to establish the location of the municipal line. Following the enactment of legislation which ratifies the alteration of the municipal line, the legislative bodies shall file the survey and a list of property owners, the legal location of whose property is changed by the legislation, with the Secretary of State, the clerk of each of the municipalities, and the Vermont Enhanced 911 Board. Each legislative body of the adjoining municipalities shall post a notice of the petition to the General Assembly that specifies the nature and extent of the proposed legislation in at least two public places and in the town clerk's office at least three weeks prior to filing the petition.
When the General Assembly enacts legislation which ratifies a survey of a municipal line, it may appropriate funds sufficient to monument those municipal lines at the points on the municipal lines where the lines change direction. If the legislative body of a municipality desires additional monuments, it shall provide funds for those monuments at the expense of the municipality.
A survey required by this section shall be conducted by a land surveyor licensed in this State.
The Secretary of State, in consultation with the Agency of Transportation, shall develop a process for requesting proposals for surveying for use by municipalities.
Upon receipt of a list of property owners filed pursuant to subsection (a), (b), or (c) of this section, a municipal clerk shall file the list in the land records of the municipality and shall place in the grantee index of those records the names of property owners whose land or portion thereof has been added to the municipality and in the grantor index of those records the names of property owners whose land or portion thereof has been subtracted from the municipality.
Amended 1967, No. 241 (Adj. Sess.), § 2, eff. Feb. 13, 1968; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2005, No. 102 (Adj. Sess.), § 1.

History

Source. V.S. 1947, § 3671. P.L. § 3586. 1933, No. 157 , § 3341. G.L. § 4066. 1910, No. 116 , § 1. P.S. § 3551. V.S. § 3097. R.L. § 2755. 1870, No. 38 .

2014. In subsec. (c), in the second sentence, substituted "these" for "this" preceding "legislative bodies" to correct a grammatical error.

Amendments--2005 (Adj. Sess.). Section amended generally.

Amendments--1973 (Adj. Sess.) Substituted "superior court" for "county court".

Amendments--1967 (Adj. Sess.). Added reference to absence of clearly definable charter line.

ANNOTATIONS

Analysis

1. Construction with other laws.
2. Resurveying.
3. Petition.
4. Surveyor's duty.

1. Construction with other laws.

The implication of this section, making resort to judicial process available when selectboard of adjoining towns are unable to agree on location of town line, and 2 V.S.A. § 17, reserving to Legislature the authority to entertain petitions for altering town and county lines and creating new towns, is that Legislature delegated authority to locate, as distinguished from alter, the true line to selectboard of adjoining towns and, failing in that, has authorized location of charter line by county courts. Town of Putney v. Town of Brookline, 126 Vt. 194, 225 A.2d 388 (1967).

2. Resurveying.

Vote by town under this section to cause division line to be "resurveyed" was equivalent to vote to have line "located," in view of meaning of "locate," and to give court jurisdiction of petition to appoint commissioners to locate line. Underhill v. Town of Jericho, 101 Vt. 41, 140 A. 156 (1927).

3. Petition.

Where petition under this chapter alleges petitioner took necessary preliminary steps, appointment of committee is adjudication that such steps have been taken, and that question cannot be raised upon coming in of report. Somerset v. Town of Glastonbury, 61 Vt. 449, 17 A. 748 (1889).

4. Surveyor's duty.

The requirement in this section that one member of the commission be a practical and competent surveyor was intended to have his expert and informed judgment contribute to the understanding of the technical problems in controversy; however the surveyor's independent inquiry, interview of witnesses out of court, and the examination of documents outside of evidence is improper. Brookline v. Town of Newfane, 126 Vt. 179, 224 A.2d 908 (1966).

§§ 1462-1464. Repealed. 2005, No. 102 (Adj. Sess.), § 2.

History

Former §§ 1462-1464. Former § 1462, relating to procedure for ascertaining town lines, was derived from V.S. 1947, § 3672; 1947, No. 202 , § 3694; P.L. § 3587; 1933, No. 157 , § 3342; G.L. §§ 4067, 4071, 4074; 1910, No. 116 , §§ 2, 6, 9; P.S. §§ 3552, 3555; V.S. §§ 3098, 3101; R.L. §§ 2756, 2759; 1870, No. 38 ; G.S. 92, §§ 1-3 and amended by 1967, No. 241 (Adj. Sess.), § 1.

Former § 1463, relating to recording and effect of proceedings for town lines, was derived from V.S. 1947, § 3673; P.L. § 3588; 1933, No. 157 , § 3343; G.L. §§ 4072, 4073; 1910, No. 116 , §§ 7, 8; P.S. § 3554; V.S. § 3100; R.L. § 2758 and G.S. 92, § 1.

Former § 1464, relating to exception as to government lands for town lines, was derived from V.S. 1947, § 3674; P.L. § 3589; 1929, No. 56 ; G.L. § 4069; and 1910, No. 116 , § 4.

Annotations From Former § 1462

1. Hearing.

The legislative requirement of a hearing under this section implies judicial standards with faithful observance of fundamental requirements of fairness that are the essence of due process in a proceeding of a judicial nature. Brookline v. Newfane, 126 Vt. 179, 224 A.2d 908 (1966).

The issues presented in determining a boundary between towns are to be judicially determined, not arbitrated, and the trial by reference is to be conducted in the same manner as trial by court; evidence is presented in the presence of the parties and to the full panel unless these requirements are waived. Brookline v. Newfane, 126 Vt. 179, 224 A.2d 908 (1966).

A reference to commissioners under this chapter constitutes them a panel of referees and such referees shall be governed by the rules of law in the admission of evidence and determination of the issue as required by 12 V.S.A. §§ 2041 and 2042. Brookline v. Newfane, 126 Vt. 179, 224 A.2d 908 (1966).

2. Charter line.

While this section contemplates that charter line is one to be located and established, it is not necessarily absolutely and precisely according to charter, but as nearly according to charter as it reasonably may be. Town of Underhill v. Town of Jericho, 102 Vt. 367, 148 A. 412 (1930).

3. Acquiescence in wrong boundary line.

Acquiescence in a wrong boundary, whatever its duration, will not change the true division line established in the legislative grant nor cause the charter line to give way; recognition and concurrence by the towns in a boundary at variance with a line established by legislative grant, as a matter of law, cannot prevail over the line established by the charters. Town of Brookline v. Town of Newfane, 126 Vt. 179, 224 A.2d 908 (1966); Town of Putney v. Town of Brookline, 126 Vt. 194, 225 A.2d 388 (1967).

Where the true division is uncertain or obscure, historic observance of a boundary marked upon the ground, coupled with acquiescence long endured has probative value to indicate where the charter line might be found. Town of Brookline v. Town of Newfane, 126 Vt. 179, 224 A.2d 908 (1966).

While acquiescence in a boundary alone can have no prescriptive effect nor transfer any territory, it may have evidentiary value in the search for the location of the true boundary. Town of Brookline v. Town of Newfane, 126 Vt. 179, 224 A.2d 908 (1966).

4. Costs.

Where defendant town refused to agree that survey, made by civil engineer employed by parties jointly, which located that part of division line in dispute substantially as it was later established by commissioners, should be accepted and adopted as the town line, or to agree to acceptance and adoption of any other line, except one then claimed by defendant, costs were properly taxable against it under provisions of this section. Town of Underhill v. Town of Jericho, 102 Vt. 367, 148 A. 412 (1930).

CHAPTER 49. MERGER OF MUNICIPALITIES

Sec.

Cross References

Cross references. Consolidation of towns, see chapter 45 of this title.

§ 1481. Definitions.

The term "municipalities" as used in this chapter means cities, incorporated villages, special purpose districts, and school districts.

Added 1965, No. 184 , § 3.

§ 1482. Preliminary plan.

A plan of merger shall be prepared which shall be approved by a majority of the legislative body of each of the parties to the proposed merger before being promulgated.

Added 1965, No. 184 , § 2(a).

§ 1483. Contents of plan.

The plan of merger shall include provisions relating to structure, organization, functions, operation, finance, property, and other appropriate matters; shall include special provisions contained in a charter of any municipality included in the plan, which provisions are peculiar to that municipality, and which it is desired to retain as charter provisions of the consolidated municipality; and shall include adequate provisions for the satisfaction of all obligations of the parties concerned. The plan shall provide that any area or group of voters in the consolidated municipality or town may have special services, not common to all the voters in the municipality or town, provided for them, if so voted. All costs of whatever nature required to support these special services shall be paid for by the taxpayers receiving these services, by a tax on their grand list, to be assessed annually by the selectboard or the equivalent officers of a municipality, or in such other manner as the selectboard or the equivalent officers of a municipality shall determine. If the costs are to be paid by a tax, such tax shall be paid and collected in the same manner as other taxes and such tax assessed on their grand list shall be a lien thereon.

Added 1965, No. 184 , § 2(b); amended 1966, No. 31 (Sp. Sess.), § 1, eff. March 12, 1966.

History

2016. Substituted "selectboard" for "selectmen" in two places in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

Amendments--1966. Added "shall include special provisions . . . of the consolidated municipality" following "other appropriate matters" in first sentence.

§ 1484. Notice and hearing.

Not less than 30 days prior to the meetings referred to in section 1485 of this title, copies of the plan of merger shall be posted in three or more public places in each of the areas involved. Two public hearings on the proposed plan of merger shall be held at intervals of two weeks in each of the areas involved. The later hearings shall be held not less than five days before the meetings referred to in section 1485 of this title. Notices of the hearings shall be advertised in at least three issues of a newspaper of general circulation in the town. The last advertisement shall appear not later than three days before the final public hearing.

Added 1965, No. 184 , § 2(c).

§ 1485. Vote of approval.

Adjoining municipalities within a town may merge upon the approval of a plan of merger by a majority vote of each municipality concerned at a meeting duly warned for that purpose and held in each of such municipalities.
One or more municipalities within a town may merge into the town upon the approval of a plan of merger by a majority vote of the municipality or municipalities and the town at separate meetings duly warned for that purpose and held in each of the areas concerned.
When approved by Australian ballot by the voters of each of the merging municipalities and approved by the General Assembly under 17 V.S.A. § 2645 , that part of the plan of merger containing the permanent provisions required by section 1483 of this title shall become the charter of the consolidated municipality.
Added 1965, No. 184 , § 1(a), (b); amended 1966, No. 31 (Sp. Sess.), § 2, eff. March 12, 1966; 1995, No. 108 (Adj. Sess.), § 1.

History

Amendments--1966. Subsec. (c): Added.

Amendments--1995 (Adj. Sess.) Subsec. (c): Substituted "Australian ballot by the voters of each of the merging municipalities" for "the voters under this section", "approved" for "ratified", and "section 2645 of Title 17" for "section 703 of this title".

§ 1486. Notice to Secretary of State.

The clerk or equivalent officer of the municipality into which other municipalities have merged shall so notify the Secretary of State within ten days following the last of the meetings referred to in section 1485 of this title.

Added 1965, No. 184 , § 4.

§ 1487. Alternative merger provisions.

Notwithstanding the existence of any special act authorizing the merger of two or more municipalities, the legislative bodies of those municipalities which plan to merge may elect to proceed either under this chapter or under the special act authorizing the merger.

Added 1966, No. 31 (Sp. Sess.), § 3, eff. March 12, 1966.

CHAPTER 51. FINANCES; ACCOUNTS AND AUDITS

SUBCHAPTER 1. TAXES

SUBCHAPTER 2. TOWN TREASURER; ACCOUNTS; CITY ACCOUNTS

SUBCHAPTER 3. ORDERS DRAWN BY MUNICIPAL BODIES

SUBCHAPTER 4. ACCOUNTS OF OVERSEER OF POOR [REPEALED.]

SUBCHAPTER 5. AUDITORS AND AUDITS

Subchapter 1. Taxes

§ 1521. Tax bills and warrants.

The selectboard shall seasonably make out and deliver to the proper collector, or to the town treasurer, if the town has voted to collect its taxes by that officer, tax bills for State, county, town, town school district, and highway taxes, with the name of each person taxed and the amount of the tax. They shall annex proper warrants thereto for collection and may include all of such taxes or a part thereof in one tax bill; provided, however, that a tax bill that includes an assessment of tax on a homestead shall separately state the amount of tax imposed on the housesite for municipal services and the amount of tax imposed on the housesite for education property tax. One warrant only shall be required for the collection of taxes on such tax bill. The selectboard shall certify on a tax bill, so made out what taxes are included therein and the rate percent of each tax so included.

Amended 1997, No. 60 , § 28, eff. July 1, 1998; 2003, No. 76 (Adj. Sess.), § 19, eff. Feb. 17, 2004.

History

Source. V.S. 1947, § 3561. P.L. § 3484. G.L. § 3970. P.S. § 3468. V.S. § 3017. 1888, No. 7 , § 1. R.L. § 2693. G.S. 15, §§ 46, 47. R.S. 13, §§ 42, 43. R. 1797, p. 296, § 24. R. 1797, p. 350, § 6. 1792, p. 48.

Amendments--2003 (Adj. Sess.). Substituted "highway taxes" for "highways", "housesite" for "homestead" in two places, and deleted "local share property tax and statewide" preceding "education".

Amendments--1997 Section amended generally.

Maximum tax rates. 1977, No. 105 , § 21, eff. July 1, 1977, provided: "On and after the effective date of this act [July 1, 1977], any town charter provision or other provision of law establishing a maximum amount for the tax rate in a particular town is amended so that the tax rate specified therein shall be one-half of that previously specified in such provision or law."

ANNOTATIONS

Analysis

1. Estoppel.
2. Warrants.
3. Certificates.
4. Errors.

1. Estoppel.

Taxpayer was not estopped from denying the validity of grand list by fact that as chair of selectboard he made out tax bill from that grand list and put it into hands of collector for collection. Lynde v. Town of Dummerston, 61 Vt. 48, 17 A. 45 (1888).

2. Warrants.

There is no requirement that selectboard attach warrant to tax bill that they make out and furnish to treasurer, provisions of this section requiring selectboard to attach "proper" warrants to tax bills referring only to those which they delivered to collector of taxes. Federal Land Bank v. Flanders, 105 Vt. 204, 164 A. 539 (1933).

This section does not require that list of delinquent taxpayers nor warrant attached thereto, delivered by municipal treasurer to the collector, should show that taxes were assessed by proper authority. Buchanan v. Cook, 70 Vt. 168, 40 A. 102 (1897).

Selectboard should annex warrant to rate bill of State school tax as in case of tax voted by town. Wilson v. Seavey, 38 Vt. 221 (1865).

3. Certificates.

In absence of any statute upon subject, one selectboard member may properly perform mechanical act of writing names of other members of board to certificate of assessment, being authorized by them so to do. Bellows v. Weeks, 41 Vt. 590 (1869).

4. Errors.

Mere error in computation will not invalidate grand list nor particular tax. Wilmot v. Althrop, 67 Vt. 671, 32 A. 861 (1895).

Cited. Richford Savings Bank & Trust Co. v. Thomas, 111 Vt. 393, 17 A.2d 239 (1940).

§ 1522. Receipt for tax bills.

Upon the delivery of such tax bills to the collector, the selectboard shall take from him or her a receipt therefor, and shall deliver the same to the town treasurer.

History

Source. V.S. 1947, § 3562. P.L. § 3485. G.L. § 3971. P.S. § 3469. V.S. § 3018. R.L. § 2732. 1880, No. 113 , § 1.

2016. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

§ 1523. Tax bills; duties of selectboards as to a deficit.

When a town at the end of the fiscal year contemplated by section 1683 of this title has a deficit, unless the voters of said town have voted a special tax to make up said deficit or unless said deficit shall have been refunded pursuant to the provisions of chapter 53 of this title, the selectboard, when making up the next annual tax bill, shall add thereto a tax of five percent or such multiple of five in addition to the tax vote already authorized by law, to be levied upon the grand list of such town as will provide sufficient revenue to liquidate such deficit.
When a school district at the end of the fiscal year contemplated by section 1683 of this title has a deficit, unless the voters have voted to borrow funds to repay the deficit over a term of three years or less, or unless the deficit has been refunded pursuant to chapter 53 of this title, the school board shall add an amount sufficient to pay the deficit to its next adopted budget and report the total to the Secretary of Education for purposes of calculating education spending.
As used in this section, the following words have the following meanings unless the context clearly indicates the contrary: A "deficit" is the excess of the current liabilities and liability reserves of the fund over its current assets; or, where the fund has also other resources and obligations, the excess of its obligations over its resources; "current assets" are those assets which are available or can be made readily available to meet the cost of operations or to pay current liabilities; "current liabilities" are those liabilities which are payable within a relatively short period of time, usually no longer than a year; a "fund" is a sum of money or other resource set aside for the purpose of carrying on specific activities or attaining certain objectives in accordance with special regulations, restrictions, or limitations, and constituting an independent fiscal and accounting entity such as the general or school fund.
Amended 1959, No. 129 , eff. April 21, 1959; 1997, No. 71 (Adj. Sess.), § 119, eff. March 11, 1998; amended 2003, No. 36 , § 11; 2005, No. 182 (Adj. Sess.), § 9; 2013, No. 92 (Adj. Sess.), § 270, eff. Feb. 14, 2014.

History

Source. 1951, No. 66 . V.S. 1947, § 3563. P.L. S 3486. 1921, No. 101 , §§ 1, 2.

Revision note. Added subsection and subdivision designations to conform section to V.S.A. style.

Reference in text to "chapter 47" was changed to "chapter 53" to conform reference to renumbering of such chapter.

Amendments--2013 (Adj. Sess.). Subsec. (b): Substituted "Secretary of Education" for "commissioner of education".

Amendments--2005 (Adj. Sess.). Subsec. (b): Deleted "local" preceding "education".

Amendments--2003. Subsec. (b): Inserted "unless the voters have voted to borrow funds to repay the deficit over a term of three years or less, or unless the deficit has been refunded pursuant to chapter 53 of this title" following "deficit".

Amendments--1997 (Adj. Sess.). Substituted "selectboards" for "selectmen" in the section heading; designated formerly undesignated language as subsecs. (a) and (c); in subsec. (a), deleted "or a town school district", "or district" and "or town district" following "town" throughout, substituted "selectboard" for "selectmen", and added subsec. (b).

Amendments--1959. Changed generally the definition of "deficit".

ANNOTATIONS

Cited. , 1934-36 Op. Atty. Gen. 238.

§ 1524. Tax levies; how kept.

The town treasurer upon receiving from the selectboard a town tax bill under the provisions of 32 V.S.A. § 4791 or the receipt of the tax collector for such bill under the provisions of section 1522 of this title shall credit the town highway department and the town school district each with the gross sum of the levy provided for such department and district. The balance of such levy shall be credited to the general fund.

Amended 2017, No. 74 , § 79.

History

Source. V.S. 1947, § 3572. 1947, No. 202 , § 3594. P.L. § 3494. 1933, No. 43 , § 2.

2016. 16 V.S.A. § 513, cross-referenced in this section, was repealed pursuant to 2007, No. 66 , § 15.

2016. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

Amendments--2017. Deleted ", subject, however, to the provision of 16 V.S.A. § 513 as to school districts," following "school district".

ANNOTATIONS

Analysis

1. Construction.
2. Duties of treasurer.
3. Liability of treasurer.
4. Deductions.

1. Construction.

In absence of clear statutory direction, changes and alterations in grand list that change amount of money received by treasurer should be reflected in a revision of credits to school district and highway department, and law should be read so as to give each its proportionate share and to revise credits accordingly as required by this section. 1962-64 Op. Atty. Gen. 67.

2. Duties of treasurer.

After treasurer delivers delinquent tax bills to collector, whole responsibility of collecting rests on latter; and only duty thereafter devolving on treasurer is to receive and account for any money paid him by collector. Town of Brookfield v. Bigelow, 80 Vt. 428, 68 A. 656 (1907).

3. Liability of treasurer.

Where municipality collects its taxes through its treasurer, such treasurer, in the absence of any breach of duty on his part, is chargeable only with money he has actually received. Town of Brookfield v. Bigelow, 80 Vt. 428, 68 A. 656 (1907).

4. Deductions.

No deduction may be made by town for discount on taxes paid before due date thereof, except in those few instances where incorporated school district is located within township which has by vote provided for specific discount authorized by 16 V.S.A. § 513. 1948-50 Op. Atty. Gen. 102.

Collection fees, other lawful costs of collection, abatements, and other losses in enforcement of rate bill should not be deducted from account of town school district. 1934-36 Op. Atty. Gen. 238.

§ 1525. Tax levies; credit for gains.

The treasurer shall thereafter credit to the general fund all gains over the total sum of such rate bill by reason of fractional discounts under the provisions of 32 V.S.A. § 4774 or of interest charges upon delinquent tax payments under the provisions of 32 V.S.A. § 5136 or any other gain.

Amended 2017, No. 74 , § 80.

History

Source. V.S. 1947, § 3573. P.L. § 3495. 1933, No. 43 , § 3.

Amendments--2017. Section heading: Inserted "Tax levies;" preceding "credit".

§ 1526. Tax levies; debit of general fund.

The treasurer shall debit thereafter such general fund with:

all collection fees allowed such treasurer for receiving taxes and issuing his or her warrant to the collector;
any other lawful costs of collection;
abatements made by the board for the abatement of taxes; and
any other diminution or loss in the course of the enforcement of such rate bill.
Amended 2017, No. 74 , § 81.

History

Source. V.S. 1947, § 3574. P.L. § 3496. 1933, No. 43 , § 4. G.L. § 893. P.S. § 622. V.S. § 484. 1882, No. 106 , § 1. R.L. § 385. 1880, No. 90 , § 4.

Amendments--2017. Section heading: Inserted "Tax levies;" preceding "debit".

ANNOTATIONS

1. School district account.

Collection fees, other lawful costs of collection, abatements, and other losses in enforcement of rate bill should not be deducted from account of town school district. 1934-36 Op. Atty. Gen. 238.

§ 1527. Tax levies - Officers' duties.

In all towns having therein neither an incorporated village nor an incorporated school district, the town treasurer shall deal with the usual tax levies as provided in sections 1524-1526 of this title.
In any town having therein an incorporated village but no incorporated school district, the town treasurer shall deal with the usual tax levies except the highway levy as provided in such sections and the voters of the town may vote to adopt the provisions of the aforementioned sections for application to the town highway levy.
In any town having therein an incorporated school district but no incorporated village, the town treasurer shall deal with the usual tax levies except the school district levy as provided in sections 1524-1526 of this title and the voters of the town may vote to adopt the provisions of the aforementioned sections for application to the town school district levy.
In any town having therein both an incorporated school district and an incorporated village, the provisions of said sections 1524-1526 with regard to the relation of general fund, highway account, and town school district account shall apply only if adopted by action of the voters of the town.

History

Source. 1953, No. 192 . V.S. 1947, § 3575. 1947, No. 202 , § 3597. 1939, No. 61 , § 1. 1935, No. 62 , § 1. P.L. § 3497. 1933, No. 43 , §§ 1, 5.

2016. Added the subsec. (a)-(d) designations.

§ 1528. Collector of taxes.

When a town at its annual meeting elects a collector of taxes, he or she shall collect State, county, town, and town school district taxes. Warrants and rate bills for the collection of such taxes shall be directed to the collector, and he or she shall give his or her receipt therefor. He or she shall collect and pay over such taxes agreeably to his or her warrant.

History

Source. V.S. 1947, § 3588. P.L. § 3510. G.L. § 4007. 1917, No. 254 , § 3955. P.S. § 3506. V.S. § 3056. R.L. § 2725. 1866, No. 44 .

ANNOTATIONS

1. Bills without warrants.

It is not breach of official duty on part of collector to neglect to account for uncollected tax bills where no warrants were annexed to them. Town of Ferrisburg v. Birkett, 60 Vt. 330, 14 A. 88 (1888).

§ 1529. First constable as collector.

The first constable shall be collector of State, county, town, and town school district taxes when a collector of taxes is not elected at the annual town meeting, and shall pay over the taxes collected agreeably to the warrants for their collection.

History

Source. V.S. 1947, § 3586. P.L. § 3508. G.L. § 4005. 1917, No. 254 , § 3953. P.S. § 3504. V.S. § 3054. R.L. § 2723. 1866, No. 44 . G.S. 15, §§ 78, 83. R.S. 13, §§ 59, 64. R. 1797, p. 293, § 19. R. 1787, p. 32.

§ 1530. Compensation.

If a municipality votes to pay a salary or other compensation for collecting taxes in lieu of fees and commissions, the latter shall be turned in to the municipal treasurer at least once a month.

Amended 1997, No. 156 (Adj. Sess.), § 28, eff. April 29, 1998; 2003, No. 100 (Adj. Sess.), § 3.

History

Source. V.S. 1947, § 3587. P.L. § 3509. 1933, No. 45 , § 1. G.L. § 4006. 1917, No. 254 , § 3954. P.S. § 3505. V.S. § 3055. R.L. § 2724. G.S. 15, § 82. R.S. 13, § 63.

Amendments--2003 (Adj. Sess.). Deleted the first sentence and substituted "If a " for "However, if the" at the beginning of the section.

Amendments--1997 (Adj. Sess.). Rewrote the paragraph.

Applicability--2003 (Adj. Sess.) amendment. 2003, No. 100 (Adj. Sess.), § 5, provides that the amendment to this section shall take effect for the collection of taxes assessed on or after April 1, 2005.

ANNOTATIONS

1. Action for compensation.

In order to recover against town on agreement made under this section, breach alleged being neglect of town to give plaintiff collection of certain taxes, declaration must fully and explicitly set forth contract duly made by town with plaintiff to give him collection of such taxes. Cameron v. Town of Walden, 32 Vt. 323 (1859).

§ 1531. Payment of money; inspection of tax book.

When requested by notice in writing signed by a majority of the selectboard, the collector of taxes shall pay to the town treasurer the money belonging to the town and the town school district collected by him or her. He or she shall submit his or her tax book and list to the treasurer for inspection and computation. When he or she fails to do so for ten days, he or she shall be fined not more than $100.00.

History

Source. V.S. 1947, § 3589. P.L. § 3511. G.L. § 4008. 1917, No. 254 , § 3956. P.S. § 3507. V.S. § 3057. R.L. § 2726. 1874, No. 11 , §§ 1, 3.

2016. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

§ 1532. Settlement; disqualification for neglect.

Annually, on or before February 1, the collector shall pay over all monies collected by him or her to the treasuries to which they belong and settle his or her account with the treasurers. When he or she refuses or neglects so to do, he or she shall be ineligible to reelection for the ensuing year.

History

Source. V.S. 1947, § 3590. P.L. § 3512. 1933, No. 157 , § 3277. 1919, No. 99 . G.L. § 4009. P.S. § 3508. V.S. § 3058. R.L. § 2733. 1880, No. 113 , § 2.

ANNOTATIONS

1. Liability of surety.

Surety is liable for nonpayment of taxes collected even though levy was invalid. Pawlet v. Kelly, 69 Vt. 398, 38 A. 92 (1897).

§ 1533. Town board for the abatement of taxes.

The board of civil authority, with the listers and the town treasurer, shall constitute a board for the abatement of town and property taxes and water and sewer charges.
The act of a majority of a quorum at a meeting shall be treated as the act of the board. This quorum requirement need not be met if the town treasurer, a majority of the listers, and a majority of the selectboard are present at the meeting.
Amended 1999, No. 49 , § 82, eff. June 2, 1999; 2017, No. 74 , § 82; 2017, No. 130 (Adj. Sess.), § 13.

History

Source. V.S. 1947, § 3615. 1945, No. 44 , § 1. P.L. § 3532. 1929, No. 54 . G.L. § 4017. 1917, No. 254 , § 3967. P.S. § 3517. V.S. § 3067. 1892, No. 52 . R.L. § 2739. 1876, No. 19 . G.S. 15, §§ 66, 68. 1860, No. 23 . 1847, No. 28 . R.S. 13, § 49. R. 1797, p. 298, § 30. R. 1787, p. 151.

2016. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

Amendments--2017 (Adj. Sess.). Added the subsec. (a) and (b) designations and amended subsec. (a) generally.

Amendments--2017. In the first sentence, deleted "taxes" following "school district" and in the third sentence, substituted "This quorum requirement" for "The above requirement in respect to a quorum".

Amendments--1999 Inserted "and current use taxes" following "district taxes" and made minor stylistic changes in the first sentence.

§ 1534. Meetings; how notified.

Meetings of such board shall be notified like meetings of the board of civil authority, except that at least one of the listers shall have personal notice of such meetings.

History

Source. V.S. 1947, § 3616. P.L. § 3533. G.L. § 4018. P.S. § 3518. V.S. § 3068. 1892, No. 52 . R.L. § 2779. 1876, No. 19 . G.S. 15, §§ 66, 68. 1860, No. 23 . 1847, No. 28 . R.S. 13, § 49. R. 1797, p. 298, § 30. R. 1787, p. 151.

Cross References

Cross references. Notice of meetings of board of civil authority, see § 801 of this title.

§ 1535. Abatement.

The board may abate in whole or part taxes, water charges, sewer charges, interest, or collection fees, or any combination of those, other than those arising out of a corrected classification of homestead or nonhomestead property, accruing to the town in the following cases:
1. taxes or charges of persons who have died insolvent;
2. taxes or charges of persons who have moved from the State;
3. taxes or charges of persons who are unable to pay their taxes or charges, interest, and collection fees;
4. taxes in which there is manifest error or a mistake of the listers;
5. taxes or charges upon real or personal property lost or destroyed during the tax year;
6. the exemption amount available under 32 V.S.A. § 3802(11) to persons otherwise eligible for exemption who file a claim on or after May 1 but before October 1 due to the claimant's sickness or disability or other good cause as determined by the board of abatement; but that exemption amount shall be reduced by 20 percent of the total exemption for each month or portion of a month the claim is late filed;
7. , (8) [Repealed.]
  (9) taxes or charges upon a mobile home moved from the town during the tax year as a result of a change in use of the mobile home park land or parts thereof or closure of the mobile home park in which the mobile home was sited, pursuant to 10 V.S.A. § 6237 .
The board's abatement of an amount of tax or charge shall automatically abate any uncollected interest and fees relating to that amount.
The board shall, in any case in which it abates taxes or charges, interest, or collection fees accruing to the town or denies an application for abatement, state in detail in writing the reasons for its decision.
1. The board may order that any abatement as to an amount or amounts already paid be in the form of a refund or in the form of a credit against the tax or charge for the next ensuing tax year or charge billing cycle and for succeeding tax years or billing cycles if required to use up the amount of the credit. (d) (1) The board may order that any abatement as to an amount or amounts already paid be in the form of a refund or in the form of a credit against the tax or charge for the next ensuing tax year or charge billing cycle and for succeeding tax years or billing cycles if required to use up the amount of the credit.
2. Whenever a municipality votes to collect interest on overdue taxes pursuant to 32 V.S.A. § 5136 , interest in a like amount shall be paid by the municipality to any person for whom an abatement has been ordered.
3. Interest on taxes or charges paid and subsequently abated shall accrue from the date payment was due or made, whichever is later. However, abatements issued pursuant to subdivision (a)(5) of this section need not include the payment of interest.
4. When a refund has been ordered, the board shall draw an order on the town treasurer for payment of the refund.
  Amended 1975, No. 158 (Adj. Sess.), § 1; 1989, No. 149 (Adj. Sess.), § 1, eff. April 24, 1990; 1991, No. 19 ; 1995, No. 149 (Adj. Sess.), § 1; 1999, No. 49 , § 83, eff. June 2, 1999; 1999, No. 159 (Adj. Sess.), § 24, eff. May 29, 2000; 2001, No. 140 (Adj. Sess.), § 30, eff. June 21, 2002; 2003, No. 76 (Adj. Sess.), § 3, eff. Feb. 17, 2004; 2005, No. 14 , §§ 6, 7, eff. May 3, 2005; 2011, No. 155 (Adj. Sess.), § 6; 2017, No. 130 (Adj. Sess.), § 13.

History

Source. V.S. 1947, § 3617. P.L. § 3534. 1933, No. 157 , § 3299. 1919, No. 100 , § 1. G.L. § 4019. P.S. § 3519. R. 1906, § 3401. V.S. §§ 3069, 3070. R.L. § 278. 1876, No. 19 . G.S. 15, § 66. R.S. 13, § 49. R. 1797, p. 298, § 30. R. 1787, p. 151.

2019 In the introductory paragraph of subsec. (a), substituted "nonhomestead" for "nonresidential" in accordance with 2019, No. 46 , § 2, effective January 1, 2020.

Amendments--2017 (Adj. Sess.). Section amended generally.

Amendments--2011 (Adj. Sess.). Subsec. (a): Substituted "or collection fees" for "and collection fees" in the introductory language.

Amendments--2005 Subdivs. (a)(7) and (8): Repealed.

Amendments--2003 (Adj. Sess.). Subsec. (a): Inserted "other than those arising out of a corrected classification of homestead or nonresidential property" following "fees".

Amendments--2001 (Adj. Sess.) Subdiv. (a)(7): Substituted "is a farmer as defined in 32 V.S.A. § 3752(7)" for "derives at least 50 percent of his or her annual income from apple production" in the first sentence and deleted "its" preceding "discretion" near the beginning in the second sentence.

Amendments--1999 (Adj. Sess.). Subdiv. (a)(9): Added.

Amendments--1999 Subdivs. (a)(7) and (a)(8): Added.

Amendments--1991 Subsec. (d): Substituted "may" for "shall" preceding "order", deleted "shall" following "paid" and inserted "refund or in the form of a" preceding "credit against" in the first sentence and added the second through fifth sentences.

Amendments--1989 (Adj. Sess.) Inserted "interest, and collection fees accruing to the town" following "part taxes" in subsec. (a) and added "interest, and collection fees" following "their taxes" in subdiv. (a)(3), added a new subsec. (b), redesignated former subsec. (b) as subsec. (c) and inserted "interest, or collection fees accruing to the town" following "abates taxes" in that subsection, and redesignated former subsec. (c) as subsec. (d) and substituted "an amount or amounts" for "taxes" preceding "already paid" in that subsection.

Amendments--1975 (Adj. Sess.) Section amended generally.

Amendments--1995 (Adj. Sess.) Subdiv. (a)(6): Added.

Applicability--1999 (Adj. Sess.) amendment 1999, No. 159 (Adj. Sess.), § 25, provided in part that section 24 of the act, which amended this section, shall apply to tax assessments for 2001 and after, and shall apply to sales, transfers, trades, and removal on or after July 1, 2000.

ANNOTATIONS

Analysis

1. Construction.
2. Equity.
3. Abatement properly denied.
4. Review.
5. Sufficiency of claim.
6. Detail of decision.

1. Construction.

1976 amendments reorganized the abatement statute by dividing it into subsections and adding some separate grounds for abatement, and it appears that the Legislature intended merely to streamline existing language by removing surplus words in the clause providing for abatement where there is error or mistake. Thus, it is incorrect to conclude that a manifest error must be attributable to the listers. Garbitelli v. Town of Brookfield, 191 Vt. 76, 38 A.3d 1133 (2011).

2. Equity.

Tax abatement is an equitable remedy, and thus the maxim that a party seeking an equitable remedy must come to court with clean hands is fully applicable. Equity denotes the spirit of fairness, justness, and right dealing; a court has great discretion to deny aid to the unclean litigant and can refuse to be the abetter of iniquity. Garbitelli v. Town of Brookfield, 191 Vt. 76, 38 A.3d 1133 (2011).

3. Abatement properly denied.

In an abatement proceeding, the board was entitled to weigh the equities and take into account any bad conduct of taxpayer, and it found that the taxpayer engaged in unfair and inequitable conduct by refusing the listers reasonable access to the property. The board properly considered the taxpayer's conduct, and there was no abuse of its discretion in denying his abatement request on this ground. Garbitelli v. Town of Brookfield, 191 Vt. 76, 38 A.3d 1133 (2011).

4. Review.

Taxpayer who sought to appeal a tax abatement denial was entitled to review in the Civil Division. Murray v. City of Burlington, 191 Vt. 597, 44 A.3d 162 (mem.) (2012).

5. Sufficiency of claim.

Taxpayer had made a sufficient showing to survive dismissal of her appeal from denial of a tax abatement. When taken as a whole, the allegations involved a request for abatement insofar as she alleged that her taxes were illegally assessed because the city knew that the property was contaminated, but treated it otherwise; further, the taxpayer claimed that the taxes were manifestly unjust because the city's abatement process was not impartial and lacked due process. Murray v. City of Burlington, 191 Vt. 597, 44 A.3d 162 (mem.) (2012).

6. Detail of decision.

Board of abatement's decision must provide sufficient explanation to indicate to the parties, and to an appellate court, what was decided and upon what considerations. The writing need not be lengthy, exhaustive, or legalistic, and need not satisfy the standards the appellate court would apply to a trial court's findings, but it must address the arguments raised by the applicant, and the more detailed and clear a taxpayer's own presentation, the greater the board's duty to respond in kind. Guntlow v. Bd. of Abatement, 198 Vt. 174, 112 A.3d 732 (2014).

Board of abatement's responses that the "delinquent-tax collector could not take a portion of payment towards one parcel on a tax bill, being in the hands of the attorney," that "the elimination of the house site is based on the income and is handled by the State," and that "the same cost table/schedule were used to value the property as were to the rest of the parcels in town" were sufficiently detailed reasons for its decision. Guntlow v. Bd. of Abatement, 198 Vt. 174, 112 A.3d 732 (2014).

Board of abatement's decision was not sufficiently detailed when, with respect to the taxpayers' argument that the listers improperly and without notice reclassified their property to an inapplicable and less advantageous status, the board stated, "No, it was not proven by the appellant that the listers had erred," as this response amounted to "you are wrong," without any explanation why, and when another response failed to address the years 2005 to 2010. Guntlow v. Bd. of Abatement, 198 Vt. 174, 112 A.3d 732 (2014).

§ 1536. Abatement; record; discharge.

The board for the abatement of taxes shall make a record of taxes, interest, and fees so abated, which shall be recorded in the office of the town clerk and a certified copy shall be forwarded forthwith to the collector of taxes and the town treasurer. The collector shall mark in the tax bill the taxes, interest, and fees abated and the persons against whom they were assessed shall be discharged from their payment. An abatement of a use change tax shall be separately recorded in the land records of the municipality in which the property subject to the abatement is located and shall effect a release of the land use lien on the portion of the property abated.

Amended 1989, No. 149 (Adj. Sess.), § 2, eff. April 24, 1990; 1999, No. 49 , § 84, eff. June 2, 1999; 2017, No. 74 , § 83.

History

Source. 1957, No. 101 . V.S. 1947, § 3618. 1945, No. 45 , § 1. P.L. § 3535. 1933, No. 157 , § 3300. G.L. § 4020. P.S. § 3520. 1904, No. 78 , § 1. V.S. § 3071. R.L. § 2781. G.S. 15, § 67. R.S. 13, § 50. R. 1797, p. 298, § 30. R. 1787, p. 151.

Amendments--2017. Section heading: Inserted "Abatement;" preceding "record".

Amendments--1999 Added the third sentence.

Amendments--1989 (Adj. Sess.) Deleted "of taxes" following "discharge" in the section catchline, inserted "interest and fees" preceding "so abated" in the first sentence, and substituted "the" for "his" preceding "tax bill" and inserted "interest and fees" preceding "abated" in the second sentence.

ANNOTATIONS

1. Immunity from penalties.

Abatement of taxes and the entry thereof in collector's tax bill, pursuant to statutory authority, provides same immunity from driver's license suspension penalty as does striking of name of a taxpayer from poll tax list by board of civil authority. Aiken v. Malloy, 132 Vt. 200, 315 A.2d 488 (1974).

§ 1537. City or village board of tax abatement.

The board for the abatement of taxes of a city shall consist of the mayor, city clerk, and aldermen thereof and the justices of the peace and assessors residing therein; of a village, of the trustees and clerk thereof and the justices of the peace and listers residing therein. Such board may abate taxes, interest, and fees accruing to such municipality in all cases where a different provision is not made by the charter, acts of incorporation, or amendments thereto, of such municipality.

Amended 1989, No. 149 (Adj. Sess.), § 3, eff. April 24, 1990.

History

Source. V.S. 1947, § 3758. P.L. § 3663. 1933, No. 157 , § 3417a. 1921, No. 106 , § 1.

Amendments--1989 (Adj. Sess.) Inserted "or village" following "city" in the section catchline and "interest and fees" preceding "accruing" in the second sentence.

§ 1538. Assessment of tax to pay execution.

When a demand is made upon a city, town, town school district, or incorporated village for payment of an execution issued against it, and funds are not available in its treasury to pay the same, the mayor and board of aldermen, selectboard, or trustees shall forthwith assess a tax upon the grand list of the city, town, town school district, or incorporated village, sufficient to pay such execution with the charges and 12 percent interest thereon, and cause the same to be collected within 60 days.

History

Source. V.S. 1947, § 3764. P.L. § 3667. 1933, No. 157 , § 3438. G.L. § 4134. 1917, No. 254 , § 4068. P.S. § 3606. V.S. §§ 3022, 3140. R.L. §§ 2697, 2790. G.S. 85, § 14. 1857, No. 37 , § 2. R.S. 78, § 11. R. 1797, p. 301, § 5. R. 1787, p. 31.

2016. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

Revision note - References to "city" and "mayor and board of aldermen" were added to incorporate in section the definitions contained in § 2001 of this title, which was derived from V.S. 1947, § 3759. This section was subject to the definition contained in said § 3759 in V.S. 1947.

Subchapter 2. Town Treasurer; Accounts; City Accounts

§ 1571. Accounts; reports.

The town treasurer shall keep an account of monies, bonds, notes, and evidences of debt paid or delivered to him or her, and of monies paid out by him or her for the town and the town school district, which accounts shall at all times be open to the inspection of persons interested.
Monies received by the town treasurer on behalf of the town may be invested and reinvested by the treasurer with the approval of the legislative body.
The town treasurer shall file quarterly reports with the legislative body regarding his or her actions set forth in subsections (a) and (b) of this section.
The town treasurer shall annually, on or before June 30, complete and provide to the selectboard a copy of the document made available by the Auditor of Accounts pursuant to 32 V.S.A. § 163(11) regarding internal financial controls.
Amended 1981, No. 239 (Adj. Sess.), § 5; 2011, No. 155 (Adj. Sess.), § 27.

History

Source. V.S. 1947, § 3568. P.L. § 3491. G.L. § 3995. 1917, No. 254 , § 3943. P.S. § 3494. V.S. § 3043. R.L. § 2711. G.S. 15, §§ 69, 70. R.S. 13, §§ 51, 52. R. 1797, p. 284, § 3.

Amendments--2011 (Adj. Sess.). Added "; reports" in the section heading; twice added "or her" in subsec. (a); and added subsecs. (c) and (d).

Amendments--1981 (Adj. Sess.) Designated existing provisions of section as subsec. (a). and added subsec. (b).

§ 1572. City accounts.

The accounting officers of the several cities within the State shall keep uniform accounts in a manner prescribed by the Auditor of Accounts.

History

Source. V.S. 1947, § 3569. 1935, No. 66 , § 1.

§ 1573. Assistant treasurer.

A town or city treasurer may appoint an assistant town or city treasurer and may revoke any such appointment at any time. The town or city treasurer shall be responsible for the acts and omissions of any assistant appointed by him or her. If after written request from the selectboard to appoint an assistant treasurer, the town or city treasurer fails for ten days to do so, the selectboard may appoint an assistant treasurer and may revoke such appointment at any time. An assistant treasurer, during the temporary absence or disability of the treasurer, shall perform the duties of treasurer. The appointment and revocation of assistant treasurer shall be recorded in the office of the town or city clerk.

Amended 1959, No. 183 , § 1

History

Source. V.S. 1947, § 3570. 1947, No. 202 , § 3592. P.L. § 3492. 1933, No. 44 , § 1.

2016. Substituted "selectboard" for "selectmen" in two places in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

Revision note - Inserted a comma preceding "during" in the fourth sentence to correct a grammatical error.

Amendments--1959. Section amended generally.

§ 1574. Record of taxes voted.

The treasurer shall keep a record showing the amount of taxes voted for the support of highways, schools, special departments, if any, and for general town purposes. Such record shall be based upon an inspection of the town and town district tax bills, when placed with the treasurer by the selectboard under the provisions of 32 V.S.A. § 4791 . When such taxes are collected by a tax collector, such record may be based upon the collector's tax receipt.

History

Source. V.S. 1947, § 3571. P.L. § 3493. 1921, No. 96 , § 2.

2016. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

§ 1575. Repealed. 1985, No. 196 (Adj. Sess.), § 17.

History

Former § 1575. Former § 1575, relating to the adoption of a uniform system of accounting and reporting, was derived from V.S. 1947, § 3576; P.L. § 3498; 1933; No. 157 § 3263; G.L. § 3996. 1917, No. 101 ; 1915, No. 109 , §§ 3, 5, and amended by 1967, No. 91 , § 3; 1971, No. 82 .

Annotations From Former § 1575

1. Cities and villages.

Under the law as presently drafted, cities are, but villages are not, included in the statutes relating to the establishment of a uniform system of accounting. 1968-70 Op. Atty. Gen. 75.

§ 1576. Town treasurer; record of orders.

The treasurer shall pay orders drawn on him or her by officials authorized by law to draw such orders. If he or she does not pay such orders, on demand, the holder thereof may recover the amount from the town, with interest from the time of such demand. The treasurer shall keep a record of such orders not paid on demand in a book kept for that purpose. In the event, however, where there are insufficient funds on hand for the payment of any such order, the treasurer shall forthwith notify the selectboard and the officer drawing the same.

History

Source. 1951, No. 67 . V.S. 1947, § 3577. P.L. § 3499. 1919, No. 98 , § 3. G.L. § 3997. P.S. § 3495. V.S. § 3044. R.L. § 2712. G.S. 15, § 71. R.S. 13, § 53.

2016. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

ANNOTATIONS

Analysis

1. Negotiability.
2. Demand for payment.

1. Negotiability.

An order, negotiable in form, drawn on the treasurer of a school district by the prudential committee thereof, is negotiable in law. Blaisdell v. School Dist. No. 2, 72 Vt. 63, 47 A. 173 (1899).

A town order in these words, "The treasurer of the town of Whitingham is directed to pay to W. H. Follett or bearer, ten dollars and eighty-six cents on demand, Jan. 7, 1851," has all the elements of negotiable paper, and when such orders are drawn, presented for payment, and payment refused, they are negotiable, and can be prosecuted in the name of the indorsee. Dalrymple v. Town of Whitingham, 26 Vt. 345 (1854).

2. Demand for payment.

No cause of action as to principal of school district order accrues till demand of payment, and when demand of payment on such order, dated more than six years before commencement of suit, was not made until within six years of such commencement, action is not barred. Blaisdell v. School Dist. No. 2, 72 Vt. 63, 47 A. 173 (1899).

When town order is delivered and accepted by party, its operates as satisfaction of amount for which it is given, and remedy of party is only upon order, and no recovery can be had upon that, until after order has been presented to treasurer of town for payment. Dalrymple v. Town of Whitingham, 26 Vt. 345 (1854).

§ 1577. [Omitted.].

History

Former § 1577, relating to paying orders drawn by a justice of the peace for fees in criminal prosecutions, was omitted in view of the 1974 amendment to the Vermont Constitution prohibiting the exercise of judicial functions by justices of the peace. See Vt. Const. Ch. II, § 52.

§ 1578. Settlement with auditors and successor.

The treasurer shall settle with the auditors five days previous to each annual town meeting, and at such other times as the selectboard may require and whenever he or she retires from office. At the close of his or her term of office he or she shall immediately pay over to his or her successor the funds in his or her hands belonging to the town and the town school district and at the same time deliver to his or her successor all official books and papers in his or her possession.

History

Source. V.S. 1947, § 3579. P.L. § 3501. 1933, No. 157 , § 3266. 1931, No. 9 , § 2. G.L. § 4000. 1917, No. 254 , § 3948. 1915, No. 117 , § 1. 1912, No. 120 , § 1. P.S. § 3498. V.S. § 3048. R.L. § 2718. G.S. 15, §§ 72, 73. R.S. 13, §§ 54, 55. R. 1797, p. 284, § 3.

2016. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

§ 1579. Collector's receipt.

The town and town school district treasurer shall endorse upon the receipt given by the collector of taxes and lodged with such treasurer all payments thereon made by such collector and such abatements thereof as may be made by the board for the abatement of taxes.

History

Source. V.S. 1947, § 3580. P.L. § 3502. 1933, No. 157 , § 3267. G.L. § 3998. 1917, No. 254 , § 3946. P.S. § 3496. V.S. § 3045. R.L. § 2732. 1880, No. 113 , § 1.

§ 1580. Account with collector.

The town and town school district treasurer shall keep with the collector of taxes a separate account of each annual tax bill by endorsing thereon his or her payments and the abatement allowed by the board for abatement of taxes with the date of each endorsement.

History

Source. V.S. 1947, § 3581. P.L. § 3503. 1933, No. 157 , § 3268. G.L. § 3998. 1917, No. 254 , § 3946. P.S. § 3496. V.S. § 3045. R.L. § 2732. 1880, No. 113 , § 1.

§ 1581. Balance due treasurer.

When a balance is due a treasurer, the auditors shall draw and deliver to him or her an order therefor on the town treasury.

History

Source. V.S. 1947, § 3582. P.L. § 3504. 1933, No. 157 , § 3269. G.L. § 4001. P.S. § 3499. V.S. § 3049. R.L. § 2719. G.S. 15, § 74. R.S. 13, § 56. R. 1797, p. 284, § 3.

§ 1582. Outstanding orders; notice to stop interest.

When a municipality has outstanding interest bearing orders due and payable, the treasurer may give notice that such orders will be paid on presentation at his or her office on or before a day certain named in such notice, and that after such day such orders shall cease to draw interest.

History

Source. V.S. 1947, § 3583. P.L. § 3505. G.L. § 4002. 1917, No. 254 , § 3950. P.S. § 3501. 1900, No. 45 , § 1. V.S. § 3051. R.L. § 2713. 1880, No. 74 , § 1.

§ 1583. Outstanding orders; publication of notice.

Such notice shall be given personally or by publication in a newspaper published in the county, or if none is published in the county, in a newspaper published in an adjoining county, at least three weeks successively, the last publication to be at least 15 days before the day named in such notice.

Amended 2017, No. 74 , § 84.

History

Source. V.S. 1947, § 3584. P.L. § 3506. G.L. § 4003. P.S. § 3502. V.S. § 3052. R.L. § 2714. 1880, No. 74 , § 2.

Amendments--2017. Section heading: Substituted "Outstanding orders; publication of notice" for "Publication".

§ 1584. Outstanding orders; no interest after day of notice.

When such notice has been given, by publication as set forth in section 1583 of this subchapter or by written notice signed by the treasurer and delivered to the holder of any such order, such order shall not draw interest after the day named in the notice, unless the treasurer fails to pay such order on presentation according to the terms of the notice.

Amended 2017, No. 74 , § 85.

History

Source. V.S. 1947, § 3585. P.L. § 3507. G.L. § 4004. P.S. § 3503. V.S. § 3053. R.L. § 2715. 1880, No. 74 , § 3.

Amendments--2017. Section heading: Amended generally.

Substituted "set forth in section 1583 of this subchapter" for "aforesaid" following "by publication as".

Subchapter 3. Orders Drawn by Municipal Bodies

Amended 2017, No. 130 (Adj. Sess.), § 13.

History

Amendments--2017 (Adj. Sess.). Subchap. heading: Substituted "Municipal Bodies" for "Selectboard".

2016. Substituted "selectboard" for "selectmen" in the subchapter title in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

§ 1621. Orders for land damages or damages for injuries.

The selectboard may draw orders on the town treasurer for damages for lands or property taken or improved for a highway or other public use, or for damages settled by agreement or awarded for injuries sustained from the insufficiency of a highway.

History

Source. V.S. 1947, § 3564. P.L. § 3487. G.L. § 3972. P.S. § 3470. V.S. § 3019. R.L. § 2694. G.S. 15, § 51. R.S. 13, § 46.

2016. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

§ 1622. Town orders; record.

1. The chair of the selectboard shall keep or cause to be kept a single record of all orders drawn by the board showing the number, date, to whom payable, for what purpose, and the amount of each order. (a) (1) The chair of the selectboard shall keep or cause to be kept a single record of all orders drawn by the board showing the number, date, to whom payable, for what purpose, and the amount of each order.
2. All other officers authorized by law to draw orders upon the town treasurer shall keep or cause to be kept a like record.
Such records shall be submitted to the town auditors annually on or before February 1.
If the records of orders named in this section are made by an assistant clerk, the assistant clerk shall not be the town treasurer or the spouse of the town treasurer or any person acting in the capacity of clerk for the town treasurer.
Amended 2017, No. 130 (Adj. Sess.), § 13.

History

Source. V.S. 1947, § 3565. 1941, No. 48 , § 1. P.L. § 3488. 1933, No. 157 , § 3258. 1919, No. 98 , § 2. G.L. § 3974. 1915, No. 115 , § 1. P.S. § 3472. V.S. § 3021. R.L. § 2696. G.S. 15, § 53. R.S. 13, § 48.

2016 In the first sentence, substituted "chair of the selectboard" for "chairman of the board of selectmen" in accordance with 2013, No. 161 , § 72.

Added the subdiv. (a)(1) and (2) and subsec. (b) and (c) designations.

Amendments--2017 (Adj. Sess.). Subdiv. (a)(2): Inserted "or cause to be kept" following "shall keep".

Subsec. (c): Substituted "spouse" for "wife or husband" preceding "of the town treasurer".

§ 1623. Signing orders.

The selectboard may do either of the following:
1. Authorize one or more members of the board to examine and allow claims against the town for town expenses and draw orders for such claims to the party entitled to payment.
  1. Orders shall state definitely the purpose for which each is drawn and shall serve as full authority to the treasurer to make the payments.
  2. The selectboard shall be provided with a record of orders drawn under this subdivision (1) whenever orders are signed by less than a majority of the board.
2. Submit to the town treasurer a certified copy of those portions of the selectboard minutes, properly signed by the clerk and chair or by a majority of the board, showing to whom and for what purpose each payment is to be made by the treasurer. The certified copy of the minutes shall serve as full authority to the treasurer to make the approved payments.
This section shall apply to all municipal public bodies authorized by law to draw orders on the municipal treasurer.
Added 1995, No. 110 (Adj. Sess.), § 1; amended 2017, No. 130 (Adj. Sess.), § 13.

History

Amendments--2017 (Adj. Sess.). Section amended generally.

Subchapter 4. Accounts of Overseer of Poor

§ 1651. Repealed. 1967, No. 147, § 53(b), eff. Oct. 1, 1968.

History

Former § 1651. Former § 1651, relating to accounts of the overseer of the poor was derived from 1965, No. 23 , § 1; 1961, No. 219 , § 1; V.S. 1947, § 3591; P.L. § 3513; 1933, No. 157 , § 3278; G.L. §§ 3991, 3994; P.S. §§ 3490, 3493; V.S. §§ 3039, 3042; 1884, No. 58 , § 2; R.L. §§ 2846, 2849; 1878, No. 85 , § 4; G.S. 20, § 33; R.S. 16, § 28; R.S. 111, § 12; R. 1797, p. 279, §§ 21, 22; R. 1787, p. 115.

Annotations From Former § 1651

1. Contents of records.

This section makes it part of official duty of overseers of poor to keep particular and true account of all their expenditures for poor, therein designating particular poor person for whom each item of expenditure is made. Town of Cabot v. Town of Walden, 46 Vt. 11 (1873).

2. Records as evidence.

Book kept by town for purpose of keeping account of all expenditures for the poor and wherein such entries are made, is admissible as evidence in favor of town, to prove fact of such expenditures. Town of Cabot v. Town of Walden, 46 Vt. 11 (1873).

§ 1652. Records of overseers of the poor.

Effective October 1, 1968, the office of overseer of the poor is abolished. On that day or as soon thereafter as possible the overseer of the poor shall turn all records of the office over to the town clerk of his or her town, who shall thereafter keep them until authorized by law to dispose of them.

Added 1967, No. 147 , § 37, eff. Oct. 1, 1968.

Subchapter 5. Auditors and Audits

§ 1681. Auditors; duties; meeting.

1. Town auditors shall meet at least 25 days before each annual town meeting to examine and adjust the accounts of all town officers and all other persons authorized by law to draw orders on the town treasurer. (a) (1) Town auditors shall meet at least 25 days before each annual town meeting to examine and adjust the accounts of all town officers and all other persons authorized by law to draw orders on the town treasurer.
2. Such auditing shall include the account that the treasurer is required to keep with the collector, the tax accounts of the collector, trust accounts where the town or any town officer, as such officer, is trustee or where the town is sole beneficiary, accounts relating to the town indebtedness, and accounts of any special funds in the care of any town official.
Notice of such meeting shall be given by posting or publication ten days in advance of such meeting.
Amended 1991, No. 176 (Adj. Sess.), § 1; 1997, No. 83 (Adj. Sess.), § 4.; 2011, No. 129 (Adj. Sess.), § 29, eff. July 1, 2013.

History

Source. 1951, No. 66 , § 2. V.S. 1947, § 3593. P.L. § 3515. 1933, No. 157 , § 3280. 1929, No. 53 . 1925, No. 59 . 1921, No. 99 , § 1. 1919, No. 98 , § 4. G.L. § 4010. 1917, No. 254 , § 3958. 1915, No. 117 , § 2. 1912, No. 120 , § 2. P.S. § 3509. V.S. § 3059. R.L. §§ 2727, 2733. 1880, No. 113 , § 2. G.S. 15, § 84. 1860, No. 21 , § 1. R.S. 13, §§ 65, 66, 67. R. 1797, p. 284, § 3.

2016. Added the subdiv. (a)(1) and (2) and subsec. (b) designations.

Amendments--2011 (Adj. Sess.) Substituted "25" for "twenty-five" preceding "days before each annual town meeting" and inserted "to" thereafter in the first sentence, substituted "that" for "which" preceding "the treasurer" in the second sentence, deleted "and town school district" in three places, and deleted the former fourth sentence.

Amendments--1997 (Adj. Sess.). Added "has not elected to eliminate the office of auditor, and town" in the last sentence.

Amendments--1991 (Adj. Sess.) Added the fourth sentence.

ANNOTATIONS

Analysis

1. Quorum.
2. Effect of auditor's action.

1. Quorum.

Action of only one of three auditors of town in auditing accounts of town officers under this section had no official significance, as concurrence of at least a majority of them was required. Town of St. George v. Tilley, 87 Vt. 427, 89 A. 474 (1914).

2. Effect of auditor's action.

Report of town auditors to annual town meeting, stating that certain town order is outstanding and unpaid, was not sufficient acknowledgment as against town, although auditor's report was adopted by it. Prescott v. Town of Vershire, 63 Vt. 517, 22 A. 655 (1891).

In assumpsit for services and expenditures by plaintiff as officer of defendant town, plaintiff was allowed to prove and recover certain items that had not been presented to town auditors and omission to present them to auditors was no bar to their recovery. Judevine v. Town of Hardwick, 49 Vt. 180 (1876).

§ 1682. Report; distribution.

1. The auditors shall report their findings in writing and cause the same to be mailed or otherwise distributed to the voters of the town at least ten days before the annual meeting. (a) (1) The auditors shall report their findings in writing and cause the same to be mailed or otherwise distributed to the voters of the town at least ten days before the annual meeting.
2. At a duly warned annual or special meeting, the voters of the town may vote to provide notice of the availability of the auditors' report to the voters of the town in lieu of mailing or otherwise distributing the report itself. If the voters of the town vote to provide notice of availability, they must specify how notice of availability shall be given, and such notice of availability shall be provided to the voters of the town at least 30 days before the annual meeting.
3. Upon request, the auditors shall mail or distribute a copy of the full report to a voter or resident of the town.
4. When the auditors mail or distribute the report or provide notice of the availability of the report to the voters of the town, they shall at the same time deliver to the town clerk the copies required by section 1173 of this title and shall place all surplus copies in the custody of the town clerk before the first Tuesday in March.
5. As used in this subsection, the term "resident" shall be defined as the term is defined in 17 V.S.A. § 2122(b) .
If a town has voted to eliminate the office of auditor, the findings of the public accountant employed in accordance with 17 V.S.A. § 2651b shall be mailed or otherwise distributed by the selectboard in the same manner that findings are required to be distributed by auditors.
Amended 1979, No. 200 (Adj. Sess.), § 119; 1997, No. 83 (Adj. Sess.), § 5; 2003, No. 126 (Adj. Sess.), § 2, eff. July 1, 2005; 2015, No. 30 , § 38, eff. May 26, 2015.

History

Source. V.S. 1947, § 3594. 1947, No. 202 , § 3616. P.L. § 3516. 1933, No. 157 , § 3281. 1921, No. 98 , § 1. G.L. § 3965. P.S. § 3463. V.S. § 897. 1894, No. 39 , § 4.

Amendments--2015. Subsec. (a): Amended generally.

Amendments--2003 (Adj. Sess.) Subsec. (a): Added the subdivision designations; deleted "or residents" following "voters" in four places in subdivs. (1), (2), and (9); and made a stylistic change in subdiv. (5).

Amendments--1997 (Adj. Sess.). Added the subsec. (a) designation and added subsec. (b).

Amendments--1979 (Adj. Sess.) Substituted "mailed or otherwise" for "printed and" preceding "distributed" and "ten" for "five" preceding "days" in the first sentence.

Legislative findings and purpose. 2003, No. 126 (Adj. Sess.), § 1, provides: "The distribution of the auditor's report of a town to residents of the state of Vermont is an important way to communicate to Vermonters how their local governments function. In addition, when combined with a town report, the distribution of the auditor's report informs town residents of the work of boards, committees, and individuals who are critical to the quality of civic life in Vermont communities. This information can help inspire and encourage community involvement. This bill allows towns to consider effective means of making their auditors' reports and town reports available to voters or residents. The legislature encourages towns to reach out actively to residents and voters to inform them of their town government and associated civic activities."

§ 1683. Contents of report; municipal fiscal years.

The report shall show a detailed statement of the financial condition of such town for its fiscal year, a classified summary of receipts and expenditures, a list of all outstanding orders and payables more than 30 days past due, and show deficit, if any, pursuant to section 1523 of this title and such other information as the municipality shall direct. Individuals who are exempt from penalty, fees, and interest by virtue of 32 V.S.A. § 4609 shall not be listed or identified in any such report, provided that they notify or cause to be notified in writing the municipal or district treasurer that they should not be so listed or identified.
The fiscal year of all school districts, charter provisions notwithstanding, shall end on June 30.
The fiscal year of other municipalities shall end on December 31, unless the municipality votes at an annual or special meeting duly warned for that purpose to have a different fiscal year, in which case the fiscal year so voted shall remain in effect until amended.
[Repealed.]
Amended 1961, No. 219 , § 2, eff. July 13, 1961; 1965, No. 23 , § 2; 1969, No. 301 (Adj. Sess.), § 1, subsec. (a), eff. July 1, 1971, subsec. (c), eff. April 9, 1970; 1971, No. 8 , § 1, eff. Feb. 25, 1971; 1989, No. 202 (Adj. Sess.), § 2; 1991, No. 110 , § 4, eff. June 28, 1991; 1997, No. 83 (Adj. Sess.), § 6; 2011, No. 129 (Adj. Sess.), § 30, eff. July 1, 2013; 2015, No. 30 , § 39, eff. May 26, 2015.

History

Source. 1951, No. 66 , § 3. V.S. 1947, § 3595. 1939, No. 63 . 1935, No. 63 . P.L. § 3517. 1933, No. 157 , § 3282. 1929, No. 53 . 1925, No. 59 . 1921, No. 99 , § 1. 1919, No. 98 , § 4. G.L. § 4010. 1917, No. 254 , § 3958. 1915, No. 117 , § 2. 1912, No. 120 , § 2. P.S. § 3509. V.S. § 3059. R.L. §§ 2727, 2733. 1880, No. 113 , § 2. G.S. 15, § 84. 1860, No. 21 , § 1. R.S. 13, §§ 65, 66, 67. R. 1797, p. 284, § 3.

Amendments--2015. Added "; municipal fiscal years" in the section heading.

Amendments--2011 (Adj. Sess.) Subsec. (a): Substituted "such town for its fiscal year" for "such town and school district for their fiscal year" in the first sentence.

Subsec. (d): Repealed.

Amendments--1997 (Adj. Sess.). Subsec. (d): Added "or the selectboard, if the town has voted to eliminate the office of auditor".

Amendments--1991. Subsec. (a): Added the second sentence.

Amendments--1989 (Adj. Sess.). Subsec. (d): Added.

Amendments--1971. Subsec. (b): Added reference to charter provisions.

Amendments--1969 (Adj. Sess.). Section amended generally.

Amendments--1965. Deleted former reference to conditional publication of names to conform to amendment to § 1651 of this title.

Amendments--1961. Inserted limitation as to names of persons who have received poor relief.

Cross References

Cross references. Auditors' report to be included in school board accounts in annual town report, see 16 V.S.A. § 563.

§ 1684. Trust assets; indebtedness.

The auditors shall make a detailed statement showing:

the condition of all trust funds in which the town is interested and a list of the assets of such funds, including the account of receipts and disbursements for the preceding year;
what bonds of the town are outstanding and the rate of interest and the amount thereof; and
what interest-bearing notes or orders of the town are outstanding and the serial number, date, amount, payee, and rate of interest of each and the total amount thereof.
Amended 2017, No. 130 (Adj. Sess.), § 13.

History

Source. V.S. 1947, § 3596. P.L. § 3518. 1933, No. 157 , § 3283. 1929, No. 53 . 1925, No. 59 . 1921, No. 99 , § 1. 1919, No. 98 , § 4. G.L. § 4010. 1917, No. 254 , § 3958. 1915, No. 117 , § 2. 1912, No. 120 , § 2. P.S. § 3509. V.S. § 3059. R.L. §§ 2727, 2733. 1880, No. 113 , § 2. G.S. 15, § 84. 1860, No. 21 , § 1. R.S. 13, §§ 65, 66, 67. R. 1797, p. 284, § 3.

Amendments--2017 (Adj. Sess.). Section amended generally.

§ 1685. Subchapter application to villages.

Sections 1681-1684 of this subchapter shall apply to all incorporated villages.

Amended 2017, No. 74 , § 86.

History

Source. V.S. 1947, § 3597. P.L. § 3519. 1933, No. 157 , § 3284.

Amendments--2017. Rewrote the section heading and substituted "subchapter" for "title" preceding "shall apply".

§ 1686. Penalty.

At any time in their discretion, town auditors may, and if requested by the selectboard, shall, examine and adjust the accounts of any town officer authorized by law to receive or disburse money belonging to the town.
If the town has voted to eliminate the office of auditor, the public accountant employed by the selectboard shall perform the duties of the town auditors under subsection (a) of this section upon request of the selectboard.
1. If, after at least five business days following his or her receipt by certified mail of a written request by the auditors or public accountant that is approved and signed by the legislative body, a town officer willfully refuses or neglects to submit his or her books, accounts, vouchers, or tax bills to the auditors or the public accountant, or to furnish all necessary information in relation thereto, that town officer shall be ineligible to reelection for the year ensuing and be subject to the penalties otherwise prescribed by law. (c) (1) If, after at least five business days following his or her receipt by certified mail of a written request by the auditors or public accountant that is approved and signed by the legislative body, a town officer willfully refuses or neglects to submit his or her books, accounts, vouchers, or tax bills to the auditors or the public accountant, or to furnish all necessary information in relation thereto, that town officer shall be ineligible to reelection for the year ensuing and be subject to the penalties otherwise prescribed by law.
2. A town officer who violates subdivision (1) of this subsection (c) shall be personally liable to the town for a civil penalty in the amount of $100.00 per day until he or she submits or furnishes the requested materials or information. A town may bring an action in the Civil Division of the Superior Court to enforce this subdivision.
As used in this section, the term "town officer" shall not include an officer subject to the provisions of 16 V.S.A. § 323 .
Amended 1997, No. 83 (Adj. Sess.), § 7; 2011, No. 129 (Adj. Sess.), § 31, eff. July 1, 2013; 2011, No. 155 (Adj. Sess.), § 28; 2017, No. 27 , § 4, eff. May 10, 2017.

History

Source. V.S. 1947, § 3598. P.L. § 3521. 1933, No. 157 , § 3286. 1923, No. 65 , § 2.

Amendments--2017. Subsec. (c): Added the subdiv. (1) designation; amended subdiv. (c)(1) generally; and added subdiv. (2).

Amendments--2011 (Adj. Sess.). Subsec. (a): Act 155 inserted "or disburse" following "to receive".

Subsec. (d): Added by Act 129.

Amendments--1997 (Adj. Sess.). Designated the former first sentence and second sentences as subsecs. (a) and (c) respectively, in subsec. (a) substituted "selectboard" for "selectmen", added subsec. (b), and in subsec. (c) substituted "Any town" for "Such" and added "or her" and "or the public accountant".

§ 1687. Notice of orders.

A bank, trust company, or individual in this State holding orders or other evidences of indebtedness of a municipal corporation shall annually, on or before January 5, send written notice to the chair of the board of auditors of such corporation, stating the amount of such orders or other evidences of indebtedness and the balance due thereon as of December 31 next preceding, unless the holder of any such indebtedness is requested by such auditor to send such notice at some other date to conform to the fiscal year of such municipality.

History

Source. 1951, No. 68 , § 1. 1949, No. 76 , § 1. V.S. 1947, § 3599. P.L. § 3522. 1933, No. 157 , § 3287. 1923, No. 66 , § 1.

2016 Substituted "chair" for "chairman" in accordance with 2013, No. 161 , § 72.

§ 1688. Notice of deposits.

A bank or trust company in this State having on deposit funds of a municipal corporation shall annually, on or before January 5, send written notice to the chair of the board of auditors of such corporation, stating the balance on deposit to the credit of such corporation on December 31 next preceding, unless the holder of such funds is requested by such auditor to send such notice at some other date to conform to the fiscal year of such municipality.

History

Source. 1951, No. 68 , § 2. 1949, No. 76 , § 2. V.S. 1947, § 3600. P.L. § 3523. 1923, No. 66 , § 2.

2016 Substituted "chair" for "chairman" in accordance with 2013, No. 161 , § 72.

§ 1689. Penalty for failure to send notice.

A bank, trust company, or individual who violates a provision of section 1687 or 1688 of this subchapter shall be fined not less than $10.00 nor more than $25.00.

Amended 2017, No. 74 , § 87.

History

Source. 1949, No. 76 , § 3.

Amendments--2017. Added "for failure to send notice" in the section heading; inserted a comma following "company", and substituted "subchapter" for "title" preceding "shall be".

§ 1690. Certified or public accountant to audit town accounts; warning; form.

The legislative body of a city, town, or incorporated village may upon its own motion contract with a public accountant, licensed in this State, to perform an annual financial audit of all funds of the town; or upon petition in writing of legal voters equal to five percent of the legal voters of the town or village, the legislative body shall insert in the warning for any annual meeting, or in the warning for a special meeting, which shall be called upon such petition, an article in substantially the following form:
"To see if the [city, town, or village] will vote to instruct the [legislative body] to employ a certified public accountant or public accountant licensed in this State, to perform an annual financial audit of all funds of the [city, town, or village]."
Audits performed by a public accountant under this section shall be conducted in accordance with generally accepted government auditing standards, including the issuance of a report on internal control over financial reporting that shall be provided to recipients of the financial statements. When there are material weaknesses or significant deficiencies found in the internal control over financial reporting or the auditor's or public accountant's opinion is qualified, adverse, or disclaimed:
1. the auditor or public accountant shall present the findings or opinion to the legislative body of the town and explain those material weaknesses or significant deficiencies or his or her opinion at a meeting duly warned for the purpose;
2. after the audit report is delivered to the legislative body of a municipality, the notice for the next meeting of the legislative body shall also notify the voters of the availability of the audit report and the accompanying report on internal control over financial reporting;
3. the next published annual report of the town shall include a summary of material weaknesses or significant deficiencies found in the internal controls over financial reporting or a statement that the audit report sets forth an opinion that is qualified, adverse, or disclaimed; and
4. the legislative body shall post the audit report and the accompanying report on internal control over financial reporting on the municipality's website, if the municipality has a website.
  Amended 1985, No. 196 (Adj. Sess.), § 14; 2009, No. 95 (Adj. Sess.), § 1.

History

Source. V.S. 1947, § 3601. P.L. § 3524. 1931, No. 50 , § 1. 1923, No. 67 , § 1.

Amendments--2009 (Adj. Sess.) Section amended generally.

Amendments--1985 (Adj. Sess.). Substituted "five percent of the legal voters of the town or village" for "four percent of the total vote cast for governor in such town or village at the last preceding election" following "equal to".

§ 1691. Terms of employment.

At an annual or special meeting warned as provided in section 1690 of this title, a town or incorporated village may authorize the employment of a certified public accountant or a public accountant and fix the terms of such employment. Nothing herein shall be construed to relieve a town or incorporated village of the duty to elect town or village auditors as provided by law.

History

Source. V.S. 1947, § 3602. P.L. § 3525. 1931, No. 50 , §§ 2, 3. 1923, No. 67 , §§ 2, 4.

§§ 1692-1695. Repealed. 1967, No. 91, § 4.

History

Former §§ 1692-1695. Former §§ 1692-1695, relating to assistance from the Auditor of Accounts in auditing town accounts, were derived from V.S. 1947, §§ 3603-3606; 1947, No. 202 , §§ 3265-3628; 1937, No. 55 , §§ 1, 2, 4, 5 and amended by 1961, No. 23 ; 1959, No. 173 .

§ 1696. Repealed. 1969, No. 219 (Adj. Sess.), § 4, eff. March 27, 1970.

History

Former § 1696. Former § 1696, relating to form and cost of reports was derived from V.S. 1947, § 3607; 1947, No. 202 , § 3629; 1937, No. 55 , § 6.

§ 1697. Repealed. 1967, No. 91, § 4.

History

Former § 1697. Former § 1697, relating to powers and duties of auditors of accounts was derived from V.S. 1947, § 3608; 1947, No. 202 , § 3630; 1937, No. 55 , § 3.

CHAPTER 53. INDEBTEDNESS

SUBCHAPTER 1. INDEBTEDNESS GENERALLY

SUBCHAPTER 2. INDEBTEDNESS FOR PUBLIC UTILITY PURPOSES

SUBCHAPTER 3. INDEBTEDNESS FOR PARKING LOTS AND METERS

SUBCHAPTER 4. FORM OF BONDS, NOTES, AND CERTIFICATES

SUBCHAPTER 5. STATEWIDE TAX INCREMENT FINANCING

SUBCHAPTER 6. MUNICIPAL TAX INCREMENT FINANCING

History

Construction; Legislative purpose. 1989, No. 111 , § 13(b), eff. June 22, 1989, provided: "Neither this act [which amended sections 1751, 1765, 1787, 1821-1825 of this title, and section 108 of Title 30, and added section 1827 and 1828 of this title] nor chapter 53 of Title 24 shall be construed as a restriction or a limitation upon any powers which a municipal corporation might otherwise possess and exercise under any laws of this state; the provisions of chapter 53 of Title 24 and this act are remedial in nature and the powers hereby granted, and the exercise thereof, shall be liberally construed in order to effect the legislative purposes hereof, namely, to ensure a public vote on all debt instruments issued under that chapter, to provide public service board review of debt instruments issued by certain municipal utilities and to ensure the validity of all debt instruments issued after the effective date of this act by municipal corporations in reliance upon any provision of chapter 53 of Title 24 as amended by this act."

Cross References

Cross references. Issuance of bonds for establishment and maintenance of sewer systems, see §§ 3613, 3684 of this title.

Issuance of bonds to finance urban renewal projects, see § 3214 of this title.

Loans to municipalities for water pollution control, planning construction of water supply facilities, and solid waste management, see § 4751 et seq. of this title.

Vermont Municipal Bond Bank generally, see ch. 119 of this title.

Subchapter 1. Indebtedness Generally

ANNOTATIONS

1. Purpose.

Legislature in enacting this subchapter intended that provisions thereof should regulate and control whole subject matter of voting on and issuance of bonds by municipal corporations to pay for public improvements, and, particularly, as to proportion of vote cast by legal voters of corporation that is necessary to authorize issuance of such bonds. Whiting Co. v. City of Burlington, 106 Vt. 446, 175 A. 35 (1934).

Cited. Conn v. Middlebury Union High School District #3, 162 Vt. 498, 648 A.2d 1385 (1994).

§ 1751. Definitions.

As used in this chapter:

"Municipal corporation" shall include a city, town, village, town school district, graded school district, or other incorporated, union, or unified school district or any entity providing educational services which is eligible to receive State aid under 16 V.S.A. chapter 123, a fire district, a union municipal district created under an intermunicipal agreement entered into and approved as provided in subchapter 3 of chapter 121 of this title, a regional mass transportation authority created under chapter 127 of this title, a local housing authority created under section 4003 of this title, a consolidated water or sewer district created under chapter 91 or chapter 105 of this title, or the unified towns and gores of Essex County.
"Legislative branch" shall mean the mayor and board of aldermen of a city, the selectboard of a town, the trustees of a village, the board of school directors of a school district, the trustees or prudential committee of a graded school or fire district, and the Board of Governors of the unified towns and gores of Essex County, and, with respect to other municipal corporations, the governing body designated by statute.
"Improvement" shall include, apart from its ordinary signification:
1. The acquiring of land for municipal purposes, the construction of, extension of, additions to, or remodeling of buildings or other improvements thereto, also furnishings, equipment, or apparatus to be used for or in connection with any existing or new improvement, work, department, or other corporate purpose, and also shall include the purchase or acquisition of other capital assets, including licenses and permits, in connection with any existing or new improvement benefiting the municipal corporation, and all costs incurred by the municipality in connection with the construction or acquisition of the improvement and the financing thereof, including capitalized interest, underwriters discount, the funding of reserves, and the payment of contributions to establish eligibility and participation with respect to loans made from any State revolving fund, to the extent such payment is consistent with federal law.
2. Pursuant to subchapter 2 of chapter 87 of this title, projects relating to renewable energy, as defined in 30 V.S.A. § 8002(17) , or to eligible energy efficiency projects undertaken by owners of real property within the boundaries of the town, city, or incorporated village. Energy efficiency projects shall be those that are eligible under section 3267 of this title.
  Amended 1989, No. 111 , § 1, eff. June 22, 1989; 1997, No. 62 , § 61, eff. June 26, 1997; 2007, No. 4 , § 2; 2009, No. 45 , § 15f, eff. May 27, 2009; 2013, No. 161 (Adj. Sess.), § 72.

History

Source. V.S. 1947, § 3688. 1947, No. 202 , § 3710. P.L. §§ 3603, 3604. 1925, No. 60 , § 1. G.L. §§ 4076, 4077. 1917, No. 105 , §§ 1, 2.

2013. In subdivision (3)(A), deleted "without limitation" preceding "capitalized interest" in accordance with 2013, No. 5 , § 4.

Amendments--2009. Subdiv. (3): Amended generally.

Amendments--2007. Added ", or the unified towns and gores of Essex County" at the end of subdiv. (1) and ", and the board of governors of the unified towns and gores of Essex County" near the end of subdiv. (2), and made stylistic changes throughout the section.

Amendments--1997 Subdiv. (3): Deleted "and" preceding "the funding of reserves" and added the language beginning "and the payment of contributions" thereafter.

Amendments--1989. Subdiv. (1): Amended generally.

Subdiv. (2): Substituted "chapter" for "subchapter" preceding "shall mean", deleted "town" following "directors of a" and substituted "school or fire district and, with respect to other municipal corporations, the governing body designated by statute" for "or other school, fire or lighting district" following "graded".

Subdiv. (3): Substituted "chapter" for "subchapter" following "used in this" and added "and also shall include the purchase or acquisition of other capital assets, including licenses and permits, in connection with any existing or new improvement benefiting the municipal corporation, and all costs incurred by the municipality in connection with the construction or acquisition of the improvement and the financing thereof, including without limitation capitalized interest, underwriters discount and the funding of reserves" following "purpose".

Cross References

Cross references. Improvements to privately-owned municipality-supported libraries, see § 1752a of this subchapter.

ANNOTATIONS

1. Legislative branch.

Board of school directors is legislative branch of town school district and selectboard's duties do not lie within province of duties and responsibilities resting upon officials of town school district. 1938-40 Op. Atty. Gen. 198.

§ 1752. Bonds; issuance.

Debt may be incurred and bonds issued under this subchapter for any improvement, but no bonds shall be issued for the purpose of providing funds for ordinary expenses of any municipal corporation, except as otherwise provided.

History

Source. V.S. 1947, § 3689. 1947, No. 202 , § 3711. P.L. § 3604. 1925, No. 60 , § 1. G.L. § 4077. 1917, No. 105 , § 2.

ANNOTATIONS

Analysis

1. Construction with other laws.
2. Authority.

1. Construction with other laws.

Village or town bonds are not specific lien on real estate of such towns or villages; however, if town or village fails to meet its obligations, judgment can be secured and execution issued against goods and chattels of inhabitant thereof and collected of same, under 12 V.S.A. § 2742, and if tax has been legally assessed upon grand list of town or village, such tax becomes lien on realty, under 32 V.S.A. § 5061. 1930-32 Op. Atty. Gen. 85.

2. Authority.

School district which votes to issue bonds on credit of district need not be specially authorized so to do by enabling act of Legislature. 1944-46 Op. Atty. Gen. 93.

§ 1752a. Privately owned municipality-supported libraries.

By a majority vote of those present and voting at an annual or special meeting warned for the purpose, a municipality may issue municipal bonds under this chapter for the cost of capital improvements to any privately owned municipality-supported library situated within the municipality for use of residents of the municipality; and such improvements shall be considered "improvements" for the purposes of this chapter.

Added 1987, No. 56 , eff. May 15, 1987.

§ 1753. Use of bond proceeds.

If after bonds have been issued and no expenditure of the proceeds has been made for the purpose or purposes for which the debt was incurred, or if a balance remains after the completion of the project or projects for which the debt was authorized, a municipal corporation by a majority of the voters present and voting on the question at a meeting or meetings of such municipal corporation held for that purpose, may authorize the expenditure of the proceeds or portion thereof for any purpose or purposes for which bonds may be issued; provided, however, that if the proceeds obtained from the issuance of bonds or any balance thereof, is not appropriated as aforesaid, then the same shall be used to pay the principal of the loan as it matures.
The warning calling the meeting provided in this section shall state the amount of the proceeds and the purpose for which they are to be used, and shall fix the place where and the date on which the meeting shall be held and the hours of opening and closing of the polls. Notice of the meeting shall conform to section 1756 of this title, and the conduct of the meeting and the qualifications of voters shall conform to section 1758 of this title.
Added 1969, No. 104 , eff. April 19, 1969.

History

Revision note. References in subsection (b) to sections "1755" and "1757" of this title were changed to sections "1756" and "1758" to conform to renumbering of such sections.

Prior law. 24 V.S.A. § 1752a.

Cross References

Cross references. Payment to United States of income derived from proceeds of bond issues, see 32 V.S.A. § 995(c).

§ 1754. Validation.

All outstanding bonds and notes of a municipal corporation issued prior to June 1, 1935, are hereby declared legal and binding obligations in accordance with the terms thereof.

History

Source. V.S. 1947, § 3690. 1947, No. 202 , § 3712. 1935, No. 71 , § 1.

Prior law. 24 V.S.A. § 1753.

§ 1755. Submission to voters.

1. On a petition signed by at least ten percent of the voters of a municipal corporation the proposition of incurring a bonded debt to pay for public improvements shall be submitted to the qualified voters thereof at any annual or special meeting to be held for that purpose, or, when the legislative branch of a municipal corporation at a regular or special meeting called for such purpose shall determine by resolution passed by a vote of a majority of those members present and voting, that the public interest or necessity demands improvements, and that the cost of the same will be too great to be paid out of the ordinary annual income and revenue, by vote of a majority of those members present and voting, it may order the submission of the proposition of incurring a bonded debt to pay for public improvements to the qualified voters of such municipal corporation at a meeting to be held for that purpose. (a) (1) On a petition signed by at least ten percent of the voters of a municipal corporation the proposition of incurring a bonded debt to pay for public improvements shall be submitted to the qualified voters thereof at any annual or special meeting to be held for that purpose, or, when the legislative branch of a municipal corporation at a regular or special meeting called for such purpose shall determine by resolution passed by a vote of a majority of those members present and voting, that the public interest or necessity demands improvements, and that the cost of the same will be too great to be paid out of the ordinary annual income and revenue, by vote of a majority of those members present and voting, it may order the submission of the proposition of incurring a bonded debt to pay for public improvements to the qualified voters of such municipal corporation at a meeting to be held for that purpose.
2. The warning calling the meeting shall state the object and purpose for which the indebtedness is proposed to be incurred, the estimated cost of the improvements, and the amount of bonds proposed to be issued, and shall fix the place where and the date on which the meeting shall be held and the hours of opening and closing the polls.
A municipal corporation may not submit to the voters more than twice in any one-year period the proposition of incurring a bonded debt to pay for the same or a similar public improvement, except that a proposition voted on for the first time at an annual meeting that is reconsidered may be voted on in the subsequent annual meeting.
Amended 1969, No. 58 , § 2, eff. April 14, 1969; 1971, No. 89 , § 1; 1973, No. 235 (Adj. Sess.), § 3; 2017, No. 50 , § 53.

History

Source. 1957, No. 126 , § 1. 1953, No. 248 . V.S. 1947, § 3691. 1935, No. 67 , § 1. P.L. § 3605. 1925, No. 60 , § 2. G.L. § 4078. 1917, No. 105 , § 3.

2016. Added the subdiv. (1) and (2) designations to subsec. (a).

Amendments--2017. Subsec. (b): Amended generally.

Amendments--1973 (Adj. Sess.). Subsec. (b): Added the phrase "or any twelve month period".

Amendments--1971. Designated existing provisions of section as subsec. (a), substituted majority vote for two-thirds vote, and added subsec. (b).

Amendments--1969. Section amended generally.

Prior law. 24 V.S.A. § 1754.

ANNOTATIONS

Analysis

1. Common law.
2. Effect on municipal charters.

1. Common law.

Express provision of section requiring two-thirds vote of those voting to authorize public improvements and issuance of bonds to pay therefor, because inconsistent with common-law rule of majority vote, abrogated such common-law rule, except when chapter provisions or special act of Legislature expressly empowers municipal corporation to decide question by majority vote. Whiting Co. v. City of Burlington, 106 Vt. 446, 175 A. 35 (1934).

2. Effect on municipal charters.

Where charter of city and act authorizing such municipal corporation to bond to raise funds for public improvements were both silent as to proportion of vote required to make act effective, requirement of section that two-thirds vote of all votes cast was necessary to decide such question, controlled at special meeting. Whiting Co. v. City of Burlington, 106 Vt. 446, 175 A. 35 (1934).

§ 1756. Notice of meeting; authorization.

1. The clerk of the municipal corporation shall cause notice of such meeting to be published in a newspaper of known circulation in such municipality once a week for three consecutive weeks on the same day of the week, the last publication to be not less than five nor more than ten days before such meeting. (a) (1) The clerk of the municipal corporation shall cause notice of such meeting to be published in a newspaper of known circulation in such municipality once a week for three consecutive weeks on the same day of the week, the last publication to be not less than five nor more than ten days before such meeting.
2. Notice of such meeting shall also be posted in five public places within such municipality for two weeks immediately preceding such meeting.
When a majority of all the voters present and voting on the question at such meeting vote to authorize the issuance of bonds for said public improvements, the legislative branch shall be authorized to make such public improvements and issue bonds as hereinafter provided. Blank and defective ballots shall not be counted in determining the question.
Amended 1969, No. 193 (Adj. Sess.), § 1.

History

Source. 1957, No. 40 . V.S. 1947, § 3692. 1937, No. 57 . P.L. § 3606. 1933, No. 157 , § 3361. G.L. § 4079. 1917, No. 105 , § 4.

2016. Added the subdiv. (a)(1) and (2) and subsec. (b) designations.

Amendments--1969 (Adj. Sess.). Provided for simple majority vote in all cases rather than two-thirds vote.

Prior law. 24 V.S.A. § 1755.

ANNOTATIONS

Analysis

1. Construction with other laws.
2. Duty of clerk.
3. Validation by Legislature.

1. Construction with other laws.

Selectboard does not have power under section 1757 of this title to correct a defect in proceedings to vote issuance of municipal bonds unless the statutory length of notice specified in this section has been complied with. Burton v. Selectmen, 124 Vt. 502, 208 A.2d 318 (1965).

2. Duty of clerk.

After school directors have determined by two-thirds vote that public interest or necessity demand improvements and by two-thirds vote have ordered submission of proposition and incurring of bonded debt to voters, it is then mere ministerial act for clerk of district to cause notice of meeting to be called as provided by this section. 1938-40 Op. Atty. Gen. 198.

3. Validation by Legislature.

The procedure for warning a special town meeting was set and established by the Legislature under this section and was one which it could amend, alter, or totally dispense with and the Legislature, having authority and power to establish modes of procedure as well as rules of evidence, may at its pleasure cure any irregularities in the same. 1964-66 Op. Atty. Gen. 146.

§ 1757. Validation.

Whenever the qualified voters of a municipal corporation, as defined in this subchapter, have voted by the requisite majority to authorize issuance of bonds to pay for any public improvement, and such proceedings are defective because of failure to comply with any of the statutory requirements therefor, although the required length of notice and notice of the purpose of such meeting has been had, such omissions may be cured by a resolution of such legislative branch by a vote of two-thirds of all its members at a regular or a special meeting called for that purpose, stating that the defect was the result of oversight, inadvertence, or mistake of law or fact.
When such omission has been so supplied by such resolution, all bonds or other financing within the terms of the action of the qualified voters shall be as valid as if the statutory requirement had been complied with.

History

Source. 1957, No. 126 , § 2. V.S. 1947, § 3693. 1941, No. 51 , § 1. 1939, No. 64 , § 1.

2016. Added the subsec. (a) and (b) designations.

Prior law. 24 V.S.A. § 1756.

ANNOTATIONS

Analysis

1. Purpose.
2. Construction.
3. Construction with other laws.
4. Resolution.

1. Purpose.

This section affords a remedy for the validation and correction of technical irregularities incident to municipal elections called for purpose of voting and financing public improvements. Conn v. Town of Brattleboro, 120 Vt. 315, 140 A.2d 6 (1958).

No. 51 of Acts of 1941, amending this section, was designed to provide curative remedy in instances where publication schedule provided in § 1755 of this title was not strictly followed. Conn v. Town of Brattleboro, 120 Vt. 315, 140 A.2d 6 (1958).

2. Construction.

Word "although" as used in this section is synonymous with "provided," as imposing a condition precedent to curative action. Conn v. Town of Brattleboro, 120 Vt. 315, 140 A.2d 6 (1958).

Words "length of notice" as used in this section refer to extent of notice in point of time - the duration of the communication to the voters from its commencement to the election. Conn v. Town of Brattleboro, 120 Vt. 315, 140 A.2d 6 (1958).

3. Construction with other laws.

Selectboard does not have power under this section to correct a defect in proceedings to vote issuance of municipal bonds unless the statutory length of notice specified in § 1755 of this title has been complied with. Burton v. Selectmen, 124 Vt. 502, 208 A.2d 318 (1965).

4. Resolution.

Resolution of selectboard pursuant to this section to cure defective notice involved substantial questions of fact and law. Burton v. Selectmen, 124 Vt. 502, 208 A.2d 318 (1965).

§ 1757a. Validation of consolidated water or sewer districts and bonds voted for construction.

No action shall be brought directly or indirectly attacking, questioning, or in any manner contesting the legality of the formation, or the existence as a body corporate and politic, of any consolidated water or sewer district created pursuant to chapter 91 or 105, respectively, of this title, after six months from the date of the recording in the office of the Secretary of State of the certificate required by section 3342 or 3673 of this title, as the case may be; nor shall any action be brought directly or indirectly attacking, questioning, or in any manner contesting the legality or validity of bonds, issued or unissued, voted by any such district or by any other municipal corporate entity, after six months from the date upon which voters in any such district or other municipal corporate entity met pursuant to warning and voted affirmatively to issue bonds to defray costs of sewer or water improvements or upon vote of a question of recission thereof whichever occurs later.
This section shall be liberally construed to effect the legislative purpose to validate and make certain the legal existence of all consolidated water or sewer districts in this State and the validity of bonds issued or authorized by consolidated or other municipal corporate entities for water or sewer purposes, and to bar every right to question in any manner the existence of any such district or other municipal corporate entity or the validity of a bond voted by it for water or sewer purposes, and to bar every remedy therefor notwithstanding any defects or irregularities, jurisdictional or otherwise, after expiration of the six-month period.
Added 1975, No. 57 , § 1, eff. April 18, 1975.

History

2016. Added the subsec. (a) and (b) designations.

Revision note - This section was enacted as " § 1756a" but was renumbered as " § 1757a" to conform to renumbering of former § 1756.

Deleted "at law or in equity" following "action" in two places pursuant to 1971, No. 185 (Adj. Sess.), § 236d. See note under § 219 of Title 4.

Reference to "chapter 74 or 80A" changed to "91 or 105" to conform to renumbering of such chapters.

§ 1758. Conduct of meetings.

Meetings of voters in municipal corporations under this subchapter shall be conducted in the same manner as the annual city and town meetings are conducted. The qualifications of voters at such meetings shall be the same as the qualifications of voters at annual city and town meetings. The vote on the question of issuing bonds for such improvements shall be by Australian ballot. The form of the ballot to be used shall be substantially as follows:
1. If the entire costs of the improvement are not eligible for State construction aid pursuant to 16 V.S.A. chapter 123 because the costs exceed the maximum allowed by formula established by the State Board of Education, the ballot text set forth in subsection (a) shall be preceded by the following introductory sentences:
2. The ballot may contain language conditioning commencement of the improvement by the school board on receipt of final approval by the State Board of Education for State construction aid under 16 V.S.A. § 3448(a)(5) .
3. The warning and ballot shall contain the following set forth in bold-faced type:
  State funds may not be available at the time this project is otherwise eligible to receive State school construction aid. The district is responsible for all costs incurred in connection with any borrowing done in anticipation of State school construction aid.
  
  (c) A public informational hearing adhering to the requirements of 17 V.S.A. § 2680(g) shall be held to discuss the proposition of a school district incurring a bonded debt to pay for an improvement. At such hearing, the school board shall distribute to the participants a written estimate of the percentage of the costs of the improvement that will not be eligible for State school construction aid because its unit costs or allowable space, or both, cause it to exceed the maximum cost for State participation under the State Board of Education's formula for school construction.
  
  Amended 1969, No. 58 , § 3, eff. April 14, 1969; 1981, No. 239 (Adj. Sess.), § 29; 1995, No. 62 , §§ 59, 61, eff. April 26, 1995; 1995, No. 185 (Adj. Sess.), §§ 7a, 79, eff. May 22, 1996; 1999, No. 29 , § 54, eff. May 19, 1999; 2005, No. 147 (Adj. Sess.), § 44; 2017, No. 74 , § 88.

Shall the bonds of the .......... of .......... in an amount not to exceed .......... be issued for the purpose of ....................? If in favor of the bond issue, make a cross (x) in this square []. If opposed to the bond issue, make a cross (x) in this square []. In the discretion of the legislative branch, the form of the ballot may also state the maximum rate of interest to be paid on the bonds, in which case the form of the ballot to be used shall be substantially as follows: I. Shall bonds of the .......... of .......... in an amount not to exceed .......... bearing interest not to exceed .......... percent, be issued for the purpose of ....................? If in favor of the bond issue, make a cross (x) in this square []. If opposed to the bond issue, make a cross (x) in this square [].
(b) If a school board submits to its voters the proposition of incurring a bonded debt to pay for an improvement, the form of the ballot shall be as set forth in subsection (a) of this section, however:

The .......... school board proposes to incur bonded indebtedness for the purpose of .......... at the estimated total project cost of $ ........... It is estimated that ........ percent of the project will not be eligible for State school construction aid because its (unit costs and/or allowable space) cause it to exceed the maximum cost for state participation under the State Board of Education's formula for school construction. Therefore, the ...... percent of the project that is estimated to be ineligible under the formula shall be built at 100% school district cost without State participation. The cost of the portion of construction which is ineligible under the formula is $ ...........

History

Source. 1957, No. 40 , § 2. V.S. 1947, § 3694. 1935, No. 67 , § 2. P.L. § 3607. 1933, No. 157 , § 3362. G.L. § 4080. 1917, No. 105 , § 5.

2016 In subdiv. (b)(1), substituted "the ballot text set forth in subsection (a)" for "the above referenced ballot text".

Revision note - Substituted "subsection (a) of this section" for "subsection (a) above" in the introductory paragraph of subsec. (b) to conform reference to V.S.A. style.

Amendments--2017. Subsec. (c): Substituted "or allowable space, or both," for "and/or allowable space" following "unit costs".

Amendments--2005 (Adj. Sess.). Subdivision (b)(3): Added.

Amendments--1999 Subsec. (b): Amended generally.

Amendments--1995 (Adj. Sess.) Act No. 185, § 79 added subsecs. (b) and (c).

See 1995 amendment note set out below for effect of Act No. 185, § 7a.

Amendments--1995 Act No. 62, § 59 designated the existing provisions of the section as subsec. (a) and added subsecs. (b) and (c).

Act No. 62, § 61, as amended by 1995, No. 185 (Adj. Sess.), § 7a, repealed subsecs. (b) and (c).

Amendments--1981 (Adj. Sess.) Introductory paragraph: In the third sentence added reference to "Australian" ballot.

Amendments--1969 Amended to provide for alternative form of ballot.

Prior law. 24 V.S.A. § 1757.

Effect of repeal of subsections (b) and (c) by 1995, No. 185 (Adj. Sess.), § 7a. 1995, No. 62 , § 61, eff. April 26, 1995, as amended by 1995, No. 185 (Adj. Sess.), § 7a, eff. May 22, 1996, provided:

"(a) On March 15, 1996, two months following receipt of a legislative study on school construction which will recommend revisions to state capital construction aid statutes and rules, section 1758(b) and (c) of Title 24 and the following sections of Title 16, relating to capital construction and capital debt service aid to school districts and all rules adopted thereunder, are repealed: 563(21), 3441(9)(A), 3441(14), 3447, 3448, 3448a, 3448b, 3448c, 3448d and 3450.

"(b) Any school district, which prior to March 15, 1996 voted funds or issued bonds as required by section 3448(a)(1) of Title 16 and is otherwise eligible to receive aid for capital construction or capital debt service under chapter 123 of Title 16, shall receive construction aid and debt service aid pursuant to sections of law repealed by subsection (a) of this section.

"(c) A project approved by the voters prior to March 15, 1996 that is subject to a petition for reconsideration pursuant to section 2661 of Title 17 and approved upon reconsideration after March 15, 1996 shall be considered to have been approved prior to March 15, 1996.

"(d) A school district which has voted funds or issued bonds within the time frames set forth in subsections (b) and (c) of this section shall not be eligible for state assistance for the same or similar public improvements under statutes or regulations different from those in effect on March 14, 1996."

Cross References

Cross references. Town meetings generally, see 17 V.S.A. § 2640 et seq.

§ 1759. Denominations; payments; interest.

1. Any bond issued under this subchapter shall draw interest at a rate not to exceed the rate approved by the voters of the municipal corporation in accordance with section 1758 of this title, or if no rate is specified in the vote under that section, at a rate approved by the legislative branch of the municipal corporation, such interest to be payable semiannually. Such bonds or bond shall be payable serially, the first payment to be deferred not later than from one to five years after the issuance of the bonds and subsequent payments to be continued annually in equal or diminishing amounts so that the entire debt will be paid in not more than 20 years from the date of issue. (a) (1) Any bond issued under this subchapter shall draw interest at a rate not to exceed the rate approved by the voters of the municipal corporation in accordance with section 1758 of this title, or if no rate is specified in the vote under that section, at a rate approved by the legislative branch of the municipal corporation, such interest to be payable semiannually. Such bonds or bond shall be payable serially, the first payment to be deferred not later than from one to five years after the issuance of the bonds and subsequent payments to be continued annually in equal or diminishing amounts so that the entire debt will be paid in not more than 20 years from the date of issue.
2. In the case of bonds issued for the purchase or development of a municipal forest, the first payment may be deferred not more than 30 years from the date of issuance thereof. Thereafter such bonds or bond shall be payable annually in equal or diminishing amounts so that the entire debt will be paid in not more than 60 years from the date of issue.
3. In the case of bonds issued for any capital project that has a useful life of at least 30 years, the entire debt will be paid in not more than 30 years from the date of issue.
General obligation bonds authorized under this subchapter for the purpose of financing the improvement, construction, acquisition, repair, renovation, and replacement of a municipal plant as defined in 30 V.S.A. § 2901 shall be paid serially, the first payment to be deferred not later than from one to five years after the issuance of the bonds, and subsequent payments to be continued annually so that the entire debt will be paid over a term equal to the useful life of the financed improvements, but not more than 40 years from the date of issue, and may be so arranged that beginning with the first year in which principal is payable, the amount of principal and interest in any year shall be as nearly equal as is practicable according to the denomination in which such bonds are issued, notwithstanding other permissible payment schedules authorized by this section.
Amended 1963, No. 136 ; 1969, No. 58 , § 1, eff. April 14, 1969; 1969, No. 177 (Adj. Sess.), § 1, eff. March 5, 1970; 1979, No. 138 (Adj. Sess.); 1985, No. 123 (Adj. Sess.), eff. April 18, 1986; 2007, No. 75 , § 41; 2013, No. 50 , § E.131.2.

History

Source. V.S. 1947, § 3695. P.L. § 3608. 1925, No. 60 , § 3. 1921, No. 104 , § 1. 1919, No. 104 , § 1. G.L. § 4081. 1917, No. 105 , § 6. P.S. § 3576. V.S. § 3120. 1892, No. 57 , § 3.

2016. In subsec. (a), added the (1)-(3) designations.

Revision note - Reference to section "1757" of this title was changed to section "1758" to conform to renumbering of such section.

Amendments--2013 Subsec. (a): Substituted "any capital project" for "improvements on public highways" and "has" for "have," and deleted "and that involve bridge construction or roadway reconstruction, including a bridge component," at the end of the paragraph.

Amendments--2007. Subsec. (a): Added the last sentence.

Amendments--1985 (Adj. Sess.). Designated existing provisions of section as subsec. (a) and added subsec. (b).

Amendments--1979 (Adj. Sess.). Removed the limitation that municipal bonds be issued in denominations of not more than $10,000.00 and changes were made in phraseology.

Amendments--1969 (Adj. Sess.). Substituted general interest provisions for specific interest rate.

Amendments--1969. Set maximum denomination, increased interest.

Amendments--1963. Raised maximum denomination of bonds from $1,000.00 to $5,000.00.

Prior law. 24 V.S.A. § 1758.

ANNOTATIONS

Cited. , 1930-32 Op. Atty. Gen. 140.

§ 1760. Bonds validated - Over five percent.

Notwithstanding the interest rate limitation set forth in section 1759 of this title prior to April 14, 1969, if any municipal corporation has prior to that date authorized bonds to bear interest at a rate of interest in excess of five percent, but not more than six percent, the authorization so voted is hereby ratified and confirmed and declared to be legal and valid, and such municipal corporation may issue such bonds at a rate of interest not exceeding the rate stated in the vote authorizing the issuance of the bonds.

Added 1969, No. 58 , § 4, eff. April 14, 1969.

History

Revision note. Reference to section "1758" of this title was changed to section "1759" to reference to renumbering of such section.

Substituted "April 14, 1969" for "the effective date here of" for purposes of clarity.

Prior law. 24 V.S.A. § 1758a.

§ 1761. Higher rates.

If any municipal corporation has authorized bonds to bear interest at a rate of interest not in excess of six percent prior to March 5, 1970, and any of such bonds remain unsold on that date, the legislative branch of the municipal corporation may approve an increase in the rate of interest of such authorized but unsold bonds and the increase in such rate of interest is hereby declared to be legal and valid, and such municipal corporation may issue such bonds which shall bear interest at the rate of interest approved by the legislative branch which increased rate of interest is declared to be legal and valid.

Added 1969, No. 177 (Adj. Sess.), § 2, eff. March 5, 1970.

History

Revision note. Substituted "March 5, 1970" and "that date" for "the effective date hereof" for purposes of clarity.

Prior law. 24 V.S.A. § 1758b.

§ 1762. Limits.

A municipal corporation shall not incur an indebtedness for public improvements which, with its previously contracted indebtedness, shall, in the aggregate, exceed ten times the amount of the last grand list of such municipal corporation. Bonds or obligations given or created in excess of the limit authorized by this subchapter and contrary to its provisions shall be void.
However, the provisions of this subchapter as to the debt limit shall not apply to bonds issued under section 1752 or 1754 of this title, relating to the ordinary expenses of a municipality.
Amended 2011, No. 155 (Adj. Sess.), § 10.

History

Source. V.S. 1947, §§ 3696, 3704. P.L. § 3609. G.L. § 4082. 1917, No. 105 , §§ 7, 28. 1915, No. 119 , § 1. P.S. § 3556. 1904, No. 79 , §§ 1, 2.

Amendments--2011 (Adj. Sess.). Subsec. (b): Substituted "section 1752 or 1754 of this title" for "sections 1752, 1754 and 1769 of this title" and deleted ", nor to bonds issued for poor relief" from the end.

Amendments--1959. Subsec. (b) was the second sentence of V.S. 1947, § 3704. Words "issued hereunder" were changed to "issued under sections . . . 1766 . . .".

Prior law. 24 V.S.A. § 1759.

Cross References

Cross references. Section inapplicable to bonds issued for water works, see § 3310 of this title.

Section inapplicable where municipal charter or special act otherwise limits indebtedness, see § 1767 of this subchapter.

Urban renewal bonds, see §§ 3214, 3217 of this title.

§ 1763. Specifications.

The legislative branch shall determine the rate of interest or the manner of determining the same, the date, the denominations, the time and place of payment, and the form of bonds and notes to be used by the municipal corporation. The legislative branch may provide that the bonds be sold on bids fixing the rate of interest or the manner of determining the same from time to time for the period during which said bonds or notes shall remain outstanding, and if so sold, the accepted bid shall fix the rate of interest the bonds are to bear or the manner by which such rate of interest shall be determined periodically. When bonds are to be registered they shall be registered as provided by this chapter.

Amended 1985, No. 125 (Adj. Sess.), § 3, eff. April 18, 1986.

History

Source. V.S. 1947, § 3697. 1935, No. 67 , § 3. P.L. § 3610. 1925, No. 60 , § 4. G.L. § 4083. 1917, No. 105 , § 8.

Amendments--1985 (Adj. Sess.). Section amended generally.

Prior law. 24 V.S.A. § 1760.

§ 1764. Taxes to meet interest and payments.

At the time of assessing the general tax levy, in addition to all other taxes, the legislative branch shall provide annually for the assessment and collection each year, until such bonds are paid, of a tax sufficient to pay the interest on such bonds and such part of the principal as shall become due prior to the time the taxes are due in the next following year.

History

Source. V.S. 1947, § 3698. P.L. § 3611. 1925, No. 60 , § 5. G.L. § 4084. 1917, No. 105 , § 9. P.S. § 3573. V.S. § 3117. R.L. § 2774. 1878, No. 97 , § 5. 1874, No. 43 , § 2.

Prior law. 24 V.S.A. § 1761.

§ 1765. Advertisement.

1. Except as provided in section 4650 of this title, bonds issued under this subchapter shall be sold at par, premium, or discount, and accrued interest, after being advertised at least once not less than five nor more than 30 days before the date of sale in a newspaper published in the county or within 50 miles of the municipal corporation issuing the bonds and, in case of issues exceeding $1,000,000.00, also in some financial paper published in Boston, Massachusetts, or New York, New York. (a) (1) Except as provided in section 4650 of this title, bonds issued under this subchapter shall be sold at par, premium, or discount, and accrued interest, after being advertised at least once not less than five nor more than 30 days before the date of sale in a newspaper published in the county or within 50 miles of the municipal corporation issuing the bonds and, in case of issues exceeding $1,000,000.00, also in some financial paper published in Boston, Massachusetts, or New York, New York.
2. The advertisement shall state the amounts, date, and denominations of the bonds, dates of maturity, rate of interest, or that the bidding shall be based thereon, and the time and place where the bonds are to be sold.
1. The legislative branch may reject any and all bids. (b) (1) The legislative branch may reject any and all bids.
2. In case all bids are so rejected, they may advertise and call for new bids in the manner hereinbefore provided, or in case, after the bonds have been advertised for sale as provided in this subchapter, no bids have been received, or all bids have been rejected and the whole or any part of the bonds remain unsold, those unsold may, within 60 days from the date of the public sale, be sold by the legislative branch at private sale at not less than par and accrued interest.
If no bids are received at the public sale, the legislative branch may at any time advertise and call for new bids or may sell the unsold bonds at private sale in the manner hereinbefore provided and may award the bonds bearing a rate of interest not in excess of the maximum rate provided in section 1759 of this title, notwithstanding any limit imposed by the voters at the meeting at which the bonds were authorized.
Amended 1969, No. 58 , § 5, eff. April 14, 1969; 1989, No. 111 , § 2, eff. June 22, 1989.

History

Source. V.S. 1947, § 3699. 1935, No. 67 , § 4. P.L. § 3612. 1925, No. 60 , § 6. 1919, No. 104 , § 2. G.L. § 4085. 1917, No. 105 , § 10.

2016. Added the subdiv. (a)(1) and (2) and (b)(1) and (2) and subsec. (c) designations.

Revision note - Reference to section "1758" of this title was changed to section "1759" to conform to renumbering of such section.

Amendments--1989. Substituted "except as provided in section 4650 of this title" for "the" preceding "bonds issued", deleted "not less than" following "sold at", inserted "premium or discount" preceding "and accrued interest" and deleted "to the highest bidder, or the bidder agreeing to accept the lowest rate of interest" thereafter and substituted "$1,000,000.00" for "$100,000.00" following "exceeding" in the first sentence.

Amendments--1969. Section amended generally.

Prior law. 24 V.S.A. § 1762.

§ 1766. Bonds; by whom signed.

Such bonds shall be signed by the mayor and treasurer of an incorporated city, by the treasurer and selectboard or trustees, as the case may be, of a town or village, by the treasurer and trustees or prudential committee, as the case may be, of an incorporated school district, lighting or fire district, and by the treasurer and board of school directors of a town school district. The coupons to such bonds shall be signed by or bear the facsimile signature of the treasurer. When such municipal corporation has a corporate seal, such seal shall be affixed to such bonds, otherwise such bonds need not be sealed.

History

Source. V.S. 1947, § 3700. P.L. § 3613. 1925, No. 60 , § 7. G.L. § 4086. 1917, No. 105 , § 11. P.S. § 3569. V.S. § 3113. R.L. § 2771. 1878, No. 97 , § 3.

Prior law. 24 V.S.A. § 1763.

2016. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

§ 1767. Computation of amount.

1. In determining the amount of municipal indebtedness permitted by this subchapter, obligations created for current expenses, for a water supply or for electric lights, and temporary loans created in anticipation of the collection of taxes and necessary for meeting current expenses shall not be taken into account. (a) (1) In determining the amount of municipal indebtedness permitted by this subchapter, obligations created for current expenses, for a water supply or for electric lights, and temporary loans created in anticipation of the collection of taxes and necessary for meeting current expenses shall not be taken into account.
2. Sinking funds and other monies set aside for the sole purpose of paying outstanding bonds shall be deducted.
The provisions of this section and of section 1762 of this title shall not apply when the charter of a municipal corporation or special act otherwise limits its indebtedness.

History

Source. V.S. 1947, § 3701. 1935, No. 67 , § 5. P.L. § 3614. G.L. § 4087. 1917, No. 105 , § 12. 1915, No. 119 , § 2. P.S. § 3557. 1906, No. 94 , § 1. 1904, No. 79 , §§ 3, 4.

2016. Added the subdiv. (a)(1) and (2) and subsec. (b) designations.

Revision note - Reference to section "1759" of this title was changed to section "1762" to conform to renumbering of such section.

Prior law. 24 V.S.A. § 1764.

§ 1768. Form of bond and coupon.

The form of bond issued under this subchapter shall be substantially as follows:

FORM OF BOND

The (insert name of municipal corporation) in the county of __________ __________ and of Vermont promises to pay to the bearer hereof on the ______________ day of ______________ the sum of ____________ dollars, with interest thereon at the rate of ______________ percent per annum, payable semi-annually on the presentation and surrender of the interest coupons hereto attached. Both principal and interest of this bond are payable at the ______________ bank in the (city, town, or village) of ______________ State of ______________. This bond is issued by the (insert name of municipal corporation) under and by virtue of chapter 53 of Title 24 of Vermont Statutes Annotated, and acts in amendment of and in addition thereto and the ordinance (or resolution) of (insert name of municipal corporation) duly passed on the ______________ day of ____________ 20____. This bond is one of the series of bonds of like tenor, except as to ______________ numbered from ______________ to ______________ and issued for the purpose of defraying the cost of ______________ as described in the ordinance or resolution in (insert name of municipal corporation). It is hereby certified and recited that all acts, conditions, and things required to be done precedent to and in the issuing of these bonds have been done, have happened, and have been performed in regular and due form, as required by such law and ordinance (or resolution), and for the assessment, collection, and payment hereon of a tax to pay the same, when due, the full faith and credit of (insert name of municipal corporation) are hereby irrevocably pledged. In testimony whereof the (name of municipal corporation) has caused this bond to be signed by its ______________ and ______________ and the seal of (insert name of municipal corporation) affixed hereto this ____________ day of __________. ______________________________ ______________________________ Treasurer.

COUPON

No. ________ On the ________ day of ________ the (insert name of municipal corporation) in the State of Vermont promises to pay to bearer as provided in such bond, the sum of ________ dollars at the ________ (bank) ________, being ________ months' interest due that day on bond No. ________ dated ________. __________________ Treasurer.

History

Source. V.S. 1947, § 3702. 1947, No. 202 , § 3724. P.L. § 3615. 1925, No. 60 , § 8. G.L. § 4088. 1917, No. 105 , § 13.

Revision note. Reference in form to "chapter 47" of Title 24 was changed to "chapter 53" to conform to renumbering of such chapter.

Prior law. 24 V.S.A. § 1765.

§§ 1769, 1770. Repealed. 2011, No. 155 (Adj. Sess.), § 11.

History

Former §§ 1769, 1770. Former § 1769, relating to notes and bonds for poor relief, was derived from 1955, No. 87 ; V.S. 1947, § 3703; 1935, No. 68 , § 1; 1935, No. 68 , § 1.

Former § 1770, relating to application of poor relief bonds, was derived from V.S. 1947, § 3704; 1947, No. 202 , § 3726; 1935, No. 68 , § 2.

§ 1771. Refunding bonds; authorization.

A municipal corporation that has outstanding and unpaid orders, notes, bonds, or coupons, lawfully issued, may issue other negotiable notes or bonds to pay or retire the same. Such bonds shall be signed, sold, made payable, and mature in the same manner as an original issue of bonds of a municipal corporation is signed, sold, made payable, and mature, as provided in this subchapter.

History

Source. V.S. 1947, § 3705. 1947, No. 202 , § 3727. P.L. §§ 3616, 3618. G.L. §§ 4089, 4091. 1917, No. 105 , §§ 14, 16. P.S. § 3567. V.S. § 3111. R.L. §§ 2769, 2775. 1880, No. 123 , § 1. 1878, No. 97 , § 1.

Prior law. 24 V.S.A. § 1768.

§ 1772. Refunding bonds; procedure and limitations.

Such municipal corporation by its legislative branch, by resolution or ordinance, shall determine the necessity for issuing refunding bonds, the amount of legal outstanding indebtedness to be refunded, what amount of new bonds shall be issued, at what time and place they shall be payable, the rate of interest thereon, or that the rate of interest shown by the accepted bid shall determine the rate of interest thereon, and when payable, the form of bond, which shall be substantially in the form provided in this subchapter, and whether the bonds shall be registered or have interest coupons attached. Such new bonds shall not be used or sold except to provide means for paying or retiring such outstanding indebtedness in accordance with the provisions of subsection (b) of this section.
A municipal corporation by its legislative branch, by resolution or ordinance, may issue refunding bonds for the purpose of paying any of its bonds or notes at maturity or upon acceleration or redemption. The refunding bonds may be issued at such time prior to the maturity or redemption of the refunded bonds as the municipality deems to be in the public interest. The refunding bonds may be issued in sufficient amounts to pay or provide the principal of the bonds being refunded, together with any redemption premium thereon, any interest accrued or to accrue to the date of payment of the bonds, the expenses of issue of the refunding bonds, the expenses of redeeming the bonds being refunded, and such reserves for debt service or other capital or current expenses from the proceeds of the refunding bonds, as may be required by the resolutions under which bonds are issued.
Amended 1983, No. 24 , § 2, eff. April 6, 1983; 2017, No. 74 , § 89.

History

Source. V.S. 1947, § 3706. 1935, No. 67 , § 6. P.L. § 3617. G.L. § 4090. 1917, No. 105 , § 15. P.S. § 3568. 1906, No. 98 , § 1. V.S. § 3112. R.L. § 2770. 1878, No. 97 , § 2.

Amendments--2017. Section heading: Substituted "Refunding bonds; procedure and limitations" for "Authorization".

Amendments--1983. Subsec. (a): Deleted "exceed in amount such outstanding obligations, nor shall they" following "shall not" and added "in accordance with the provisions of subsection (b) of this section" following "indebtedness" in the second sentence.

Subsec. (b): Added.

Prior law. 24 V.S.A. § 1769.

§ 1773. Temporary loans.

If a municipal corporation votes to issue bonds in accordance with law, the officers authorized to issue the same, upon resolution of the legislative branch of the municipal corporation, may make a temporary loan, in the name of such municipal corporation, for a period of not more than one year in anticipation of the money to be derived from the sale of such bonds and may issue notes therefore. Temporary notes issued under this subsection for a shorter period than one year may be renewed or refunded by the issue of other notes maturing not more than one year from the date of the original loan except as stated in subsection (b) of this section. The maximum maturity date of the authorized bond issue need not be reduced because of a temporary loan hereunder except as stated in subsection (b) of this section.
A temporary note issued under subsection (a) of this section may be renewed or refunded to mature more than one year from the date of the original temporary loan. In such a case, the authorized amount of the bond issue shall be reduced each year or portion thereof after the first year during which the temporary loan remains outstanding by a factor at least equal to the amount which will reduce the authorized amount of bonds to zero through equal annual payments over the maximum maturity allowed by law for such bonds, or such lesser maturity as may be determined by the legislative branch of the municipality. The amount of the temporary loan outstanding at any time shall not exceed the current authorized amount of the bond issue. The legislative branch of the municipal corporation shall, in each year in excess of any one year period, include in the next annual apportionment or assessment of taxes an amount equal to the amount of the reduction to be used either for the purpose of the original authorized bond issue or to satisfy the temporary note. With the approval of the voters, the period after which the authorized amount of the bond issue shall begin to be reduced may be extended to no more than three years. Temporary notes issued under this subsection shall mature no later than one year from their original date and any renewal or refunding thereof shall mature no later than ten years from the date of the original loan. The maximum maturity date of the authorized bond issue shall be reduced by a period equal to the period of temporary borrowing in excess of one year from the date of the original temporary note and for so long as the notes remain unsatisfied or outstanding.
Pending the receipt of revenue in the form of grants-in-aid from any source, a municipal corporation through its legislative branch, by resolution or ordinance, may issue revenue anticipation notes in anticipation of the grants-in-aid to be received. The notes may be issued on such terms and conditions and at such times as the legislative branch shall determine. The proceeds of the notes may be used only for the purpose for which the grants-in-aid are anticipated, and no note may mature more than one year from its date; provided, however, that a note issued under this subsection may be refunded or renewed from time to time by the issuance of a note or notes dated before the date upon which the total grant-in-aid is received.
Amended 1967, No. 242 (Adj. Sess.), § 1, eff. Feb. 13, 1968; 1969, No. 285 (Adj. Sess.), § 12, eff. April 9, 1970; 1975, No. 165 (Adj. Sess.); 1979, No. 94 (Adj. Sess.), § 1, eff. March 7, 1980; 1991, No. 51 .

History

Source. V.S. 1947, § 3707. 1935, No. 67 , § 8.

Amendments--1991. Subsec. (b): Deleted "by one-twentieth for" following "reduced" and inserted "by a factor at least equal to the amount which will reduce the authorized amount of bonds to zero through equal annual payments over the maximum maturity allowed by law for such bonds, or such lesser maturity as may be determined by the legislative branch of the municipality" following "outstanding" in the second sentence.

Amendments--1979 (Adj. Sess.). Subsec. (a): Inserted the phrase "upon resolution of the legislative branch of the municipal corporation".

Subsec. (b): Amended generally.

Subsec. (c): Substituted a proviso, "provided, however, that a note issued under this subsection may be refunded or renewed from time to time by the issuance of a note or notes dated before the date upon which the total grant-in-aid is received." for "although a note issued for a shorter period may be refunded from time to time by the issuance of other notes maturing within the required period".

Amendments--1975 (Adj. Sess.). Subsec. (b): Extended the maturity date of any renewal or refunding of temporary notes to ten years from date of the original loan.

Amendments--1969 (Adj. Sess.). Subsec. (c): Added.

Amendments--1967 (Adj. Sess.). Section amended generally.

Prior law. 24 V.S.A. § 1770.

§ 1774. Record by treasurer.

The treasurer of each governmental unit as defined in section 4551(5) of this title shall keep a record of every obligation assumed by that unit.

Amended 1977, No. 155 (Adj. Sess.), § 2, eff. March 29, 1978; 1999, No. 71 (Adj. Sess.), § 2.

History

Source. V.S. 1947, § 3708. P.L. § 3619. G.L. § 4092. 1917, No. 105 , § 17. P.S. § 3570. V.S. § 3114. R.L. § 2772. 1878, No. 97 , § 4. 1874, No. 43 , § 1.

Revision note. Reference to "24 V.S.A. § 4551(5)" in subsec. (a) was changed to "section 4551(5) of this title" to conform to V.S.A. style.

Amendments--1999 (Adj. Sess.). Deleted the subsec. (a) designation and deleted subsec. (b).

Amendments--1977 (Adj. Sess.). Section amended generally.

Prior law. 24 V.S.A. § 1771.

§ 1775. Cancellation and record of old bonds.

When old notes, orders, or bonds are taken up, as provided in this subchapter, the treasurer of the municipal corporation shall keep a record of the same, and such old notes, orders, or bonds shall be cancelled.

History

Source. V.S. 1947, § 3709. P.L. § 3620. 1933, No. 157 , § 3375. G.L. § 4093. 1917, No. 105 , § 18. P.S. § 3571. V.S. § 3115. R.L. § 2773. 1878, No. 97 , § 6.

Prior law. 24 V.S.A. § 1772.

§ 1776. Record.

All ordinances or resolutions required by this subchapter to be enacted by the legislative branch of a municipal corporation shall be duly recorded in the office of the clerk of such municipal corporation.

History

Source. V.S. 1947, § 3710. P.L. § 3621. G.L. § 4094. 1917, No. 105 , § 19.

Prior law. 24 V.S.A. § 1773.

§ 1777. Regulations.

When a municipal corporation has established or provided a sinking fund for the retirement of a bond issue or other debt, the fund so established or provided shall be kept intact and separate from other monies at the disposal of such corporation, shall be accounted for as a pledged asset for the purpose of retiring such obligations, and shall not be appropriated or used for the current expenses of such corporation.

History

Source. V.S. 1947, § 3711. P.L. § 3622. 1925, No. 61 .

Prior law. 24 V.S.A. § 1774.

§ 1778. Registered obligations; authority to issue.

A municipal corporation may issue registered bonds. If an original issue of bonds by such municipal corporation is registered, they shall be registered as hereinafter provided.

History

Source. V.S. 1947, § 3712. P.L. § 3623. G.L. § 4095. 1917, No. 105 , § 20.

Prior law. 24 V.S.A. § 1775.

§ 1779. Registration on request.

A municipal corporation, at the written request, duly acknowledged, of the owner or holder of one or more bonds, promissory notes, or certificates of indebtedness issued by it and payable to bearer or to a person or corporation named, or bearer, may change such bonds, notes, or certificates into registered obligations, payable only to the person or corporation whose name is properly indorsed thereon, as hereinafter provided.

History

Source. V.S. 1947, § 3713. P.L. § 3624. G.L. § 4096. 1917, No. 105 , § 21. 1908, No. 84 , § 1.

Prior law. 24 V.S.A. § 1776.

§ 1780. Certificate of registration indorsed; when.

When it shall be determined by a municipal corporation to issue registered bonds, the legislative branch of the municipal corporation shall direct the treasurer of such municipal corporation to indorse upon the back of each of such bonds over his or her official signature a certificate of registration in substantially the form hereinafter provided, inserting in the appropriate places the date of such registration, the name and address of the registered holder, and his or her own signature as transfer agent. Thereafter such bond shall be transferable only upon the books of such municipality upon presentation to the treasurer thereof with a written assignment duly acknowledged or proved.

History

Source. V.S. 1947, § 3714. 1947, No. 202 , § 3736. P.L. § 3625. G.L. § 4097. 1917, No. 105 , § 22.

Prior law. 24 V.S.A. § 1777.

§ 1781. Change of coupon bonds to registered bonds.

In case a municipal corporation shall have issued coupon bonds and the owner or holder thereof has requested that such bonds be changed to registered bonds as herein provided, then upon written request of such change, duly acknowledged, the treasurer of such a municipal corporation, if directed by the city council of the city, selectboard of the town, school directors of the town school district, or other corresponding officers of the municipal corporation of which he or she is such treasurer, as the case may be, shall cut off and destroy the coupons on the bonds presented for registration and indorse upon the back of each of such bonds over his or her official signature a certificate of registration in substantially the form prescribed by section 1782 of this title, inserting in the appropriate places the date of such registration, the name and address of the registered holder, and his or her own signature as transfer agent. Thereafter such bond shall be transferable only upon the books of such municipality upon presentation to the treasurer thereof with a written assignment duly acknowledged or proved.

History

Source. V.S. 1947, § 3715. P.L. § 3626. G.L. § 4098. 1917, No. 105 , § 23. 1908, No. 84 , § 2.

2016. In the first sentence, substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

Revision note - Reference to section "1779" of this title was changed to section "1782" to conform to renumbering of such section.

§ 1782. Registered bonds; form of certificate.

In all cases where bonds are registered the following shall be the form of

CERTIFICATE OF REGISTRATION

It is hereby certified that upon the written request of the holder of the within bond, the coupons attached thereto, being ________ in number, of __________________ each have been this day cut off and destroyed and that the within bond is hereby converted into a registered bond with the interest thereon payable ____________ annually, and that such interest, as well as the principal, is payable to the registered holder thereof, his or her legal representatives, successors, or assigns at the time and place expressed on the face of such bond. The within bond when registered is transferable only upon the books of the treasurer of ______________ upon presentation to the treasurer with a written assignment duly acknowledged or proved. Date ____________ 20 ______. Treasurer of _______________________________________________ _________________________________________________________ Date of registration. __________________________________________________________________ Name and address of registered holder. Signature of treasurer who acts as transfer agent.

Amended 2017, No. 74 , § 90.

History

Source. V.S. 1947, § 3716. P.L. § 3627. G.L. § 4099. 1917, No. 105 , § 24. 1908, No. 84 , § 2.

Amendments--2017. Section heading: Inserted "Registered bonds;" preceding "form".

Prior law. 24 V.S.A. § 1779.

§ 1783. Registered bonds; indorsement conclusive evidence of authority.

The indorsement of such certificate of registration upon any bond, note, or certificate by such treasurer shall be conclusive evidence that such treasurer was directed by the proper officers of the municipal corporation of which he or she was treasurer to convert such bond into a registered obligation.

Amended 2017, No. 74 , § 91.

History

Source. V.S. 1947, § 3717. P.L. § 3628. G.L. § 4100. 1917, No. 105 , § 25. 1908, No. 84 , § 3.

Amendments--2017. Section heading: Inserted "Registered bonds;" preceding "indorsement" and deleted "to be" preceding "conclusive".

Prior law. 24 V.S.A. § 1780.

§ 1784. Registered bonds; treasurer to keep record.

The treasurer of every such municipal corporation shall keep a register showing the number, date, amount, rate of interest, time when payable, and the name of the registered holder of the bonds, notes, and certificates originally registered or changed to registered obligations.

Amended 2017, No. 74 , § 92.

History

Source. V.S. 1947, § 3718. P.L. § 3629. G.L. § 4101. 1917, No. 105 , § 26. 1908, No. 84 , § 4.

Amendments--2017. Section heading: Inserted "Registered bonds;" preceding "treasurer".

Prior law. 24 V.S.A. § 1781.

§ 1785. Registered bonds; conversion not to affect liability.

Such conversion shall in no respect or degree weaken or impair the obligation of such municipal corporation to pay such bond, note, or certificate so converted.

Amended 2017, No. 74 , § 93.

History

Source. V.S. 1947, § 3719. P.L. § 3630. G.L. § 4102. 1917, No. 105 , § 27. 1908, No. 84 , § 5.

Amendments--2017. Section heading: Inserted "Registered bonds;" preceding "conversion".

Prior law. 24 V.S.A. § 1782.

§ 1786. Borrowing to pay current expenses in anticipation of taxes.

A municipal corporation, by its legislative branch, may borrow money by the issuance of its notes or orders for the purpose of paying current expenses of the municipal corporation. Such notes or orders, however, must mature within one year from date.
A municipal corporation may also borrow money in anticipation of taxes in an amount not to exceed ninety percent of the amount of taxes assessed for such year and may issue its notes or orders therefor to mature not more than one year from the date of the note or order.
The assistant judges may borrow money in the name of the county in anticipation of taxes.

History

Source. 1953, No. 86 . V.S. 1947, § 3720. 1935, No. 72 , § 1.

2016. Added the subsec. (a)-(c).

Prior law. 24 V.S.A. § 1783.

§ 1786a. Borrowing for public improvements and capital assets.

The voters of a municipality may authorize specific public improvements and the acquisition of capital assets and finance the same, temporarily or permanently, through debt instruments other than bonds for a term not to exceed the reasonably anticipated useful life of the improvements or assets as provided in this section.
If the improvements or assets are to be financed for a term of five years or less, they shall be approved by the voters at an annual or special meeting duly warned for the purpose in accordance with the provisions of 17 V.S.A. chapter 55. However, the requirement of this subsection shall not apply to purchases made by selectboards under the provisions of 19 V.S.A. § 304(a)(3) .
If the improvements or assets are to be financed for a term of more than five years, the procedural provisions of sections 1755, 1756, and 1757 of this title shall apply. A vote on the question shall be held at a duly warned annual or special meeting and shall be by Australian ballot. The ballot shall be in substantially the following form:
"Shall the voters authorize (describe public improvement or acquisition) in an amount not to exceed ($ ........) to be financed over a period not to exceed (number of years)."
Public improvements or assets approved under subsection (c) of this section may be financed for a period of five years or less.
Debt instruments authorized under this section may be refunded in the manner provided in sections 1771 and 1772 of this title.
Added 1995, No. 2 , § 1, eff. Feb. 23, 1995; amended 2001, No. 64 , § 22, eff. June 16, 2001.

History

Amendments--2001. Added the second sentence of subsec. (b).

Validation of existing debt instruments. 1995, No. 2 , § 2, eff. Feb. 23, 1995, provided: " This act is remedial in nature. All debt instruments having a term of more than one year which were authorized or issued by a municipal corporation prior to the effective date of this act are validated."

§ 1787. Application of chapter; charters and special acts to control.

This chapter shall not affect rights allowed a municipal corporation by its charter provisions, nor any rights granted by special act of the Legislature. This chapter, except where inconsistent with such charter or special act, shall apply to the method of exercising all such rights.

Amended 1989, No. 111 , § 3, eff. June 22, 1989.

History

Source. V.S. 1947, § 3721. 1935, No. 67 , § 7. P.L. § 3631. 1925, No. 60 , § 9. G.L. § 4103. 1917, No. 105 , § 29.

Amendments--1989. Section amended generally.

Prior law. 24 V.S.A. § 1784.

ANNOTATIONS

Analysis

1. Construction.
2. Rights not affected.

1. Construction.

Word "allowed," used in this section, is in sense of "granted" or "given" to municipal corporation, rather than right inferred to supply omission. Whiting Co. v. City of Burlington, 106 Vt. 446, 175 A. 35 (1934).

2. Rights not affected.

Rights of municipal corporation that are not affected by statute relating to municipal indebtedness are, under this section, only such rights as are expressly granted to it by its charter provisions or by special act of Legislature and not implied rights. Whiting Co. v. City of Burlington, 106 Vt. 446, 175 A. 35 (1934).

§ 1788. Existing powers continued; emergencies.

The existing power of a municipality to authorize public improvements by a majority vote in a meeting duly called and held and to finance the same temporarily by the issue of orders or notes, and to issue bonds therefor, is not repealed nor affected by the provisions of this subchapter. Such municipality may refund all or any portion of such temporary orders, notes, or bonds in the method provided by sections 1771 and 1772 of this title. Nevertheless, no public improvement which has been voted upon in the method provided by sections 1755 and 1756 of this title shall be voted upon in any such meeting, except in cases of emergency, in which the vote stating the emergency shall be conclusive evidence of its existence. The existing power of a municipality to refund obligations representing indebtedness accumulated in the ordinary administration of the affairs of such municipality, whether incurred for public improvements or for current expenses, and with or without vote of such municipality, is not repealed nor affected by the provisions of this subchapter, except that the method of such refunding shall be as provided in sections 1771 and 1772 of this title.

History

Source. V.S. 1947, § 3722. 1947, No. 202 , § 3744. P.L. § 3632. 1933, No. 157 , § 3387. 1925, No. 60 , § 9. G.L. § 4103. 1917, No. 105 , § 29.

Revision note. Reference to sections "1768", "1769", "1754" and "1755" were changed to "1771", "1772", "1755" and "1756" respectively to conform to renumbering of such sections.

Prior law. 24 V.S.A. § 1785.

ANNOTATIONS

1. Power to borrow.

Legislature did not recognize general borrowing power for municipalities in 24 V.S.A. § 1788; "existing power of a municipality" refers to power conferred by municipal charter or special act; it does not grant any additional authority to municipalities. Conn v. Middlebury Union High School District #3, 162 Vt. 498, 648 A.2d 1385 (1994).

24 V.S.A. § 1788 does not expressly grant to municipalities general borrowing power. Conn v. Middlebury Union High School District #3, 162 Vt. 498, 648 A.2d 1385 (1994).

§ 1789. Alternative financing of assets.

A municipality, including a fire district, either singly or as a participant in an interlocal contract entered into under sections 4901 and 4902 of this title, may acquire personal property, fixtures, technology, and intellectual property by means of leases, lease-purchase agreements, installment sales agreements, and similar agreements wherein payment and performance on the part of the municipality is conditioned expressly upon the annual approval by the municipality of an appropriation sufficient to pay when next due rents, charges, and other payments accruing under such leases and agreements.
The legislative body of the municipality shall enter into leases and agreements identified in subsection (a) of this section on behalf of the municipality and under such terms as it deems to be in the best interest of the municipality.
The undertaking of a municipality to make payments under a lease or agreement identified in subsection (a) of this section shall not be a general or special obligation of the municipality, but shall be treated as a current operating expense. Payments made or to be made under such lease or agreement shall not be taken into account in calculating the debt limit of a municipality for any purpose.
Added 2007, No. 79 , § 5, eff. June 9, 2007.

Subchapter 2. Indebtedness for Public Utility Purposes

§ 1821. Definitions.

When used in this subchapter:

"Bond" means any bond or note issued by the municipal corporation and payable out of the net revenues from the operation of a public utility project.
"Cost of operation and maintenance" shall mean the expenses for operation, maintenance, repairs, and ordinary replacements properly and directly attributable to the operation or ordinary maintenance of the public utility project.
"Net revenues" shall mean revenues less cost of operation and maintenance.
"Project" shall mean an undertaking for the acquisition, construction, reconstruction, improvement, financing, enlargement, extension, or betterment of any of the following public utility systems:
1. Water systems or facilities as defined in chapter 89 of this title.
2. Sewage disposal systems or facilities as defined in chapter 97 or 101 of this title.
3. Systems or facilities for the generation, production, transmission, or distribution of gas (natural, artificial, or mixed) for lighting, heating, or power for public and private uses, as provided in 30 V.S.A. chapter 79 or by charter or special act.
4. Systems or facilities for the generation, production, transmission, or distribution of electric energy, including the ownership, operation, and management of a municipal plant as defined in 30 V.S.A. § 2901 and other generation, production, transmission, and distribution facilities located within and without the State.
5. Systems, facilities, and equipment for the collection, treatment, or disposal of solid waste, including sanitary landfills, and the generation, transmission, distribution, and sale of all products and forms of energy derived therefrom.
"Revenues" mean all revenues, rates, fees, charges, rents, or other income and receipts received by the municipal corporation from any source, or accrued to the municipal corporation, or any department, board, or agency thereof, in connection with the management and operation of a public utility project or system, and shall also include any interest received on any monies or securities of the municipal corporation which are pledged to the payment of the municipal corporation's bonds, and any federal or State grants-in-aid with respect to such project or system.
Amended 1989, No. 111 , § 5, eff. June 22, 1989.

History

Source. V.S. 1947, § 3723. 1947, No. 202 , § 3745. 1935, No. 69 , § 1.

Amendments--1989. Section amended generally.

§ 1822. Powers; approval of voters.

In addition to the powers it may now or hereafter have, a municipal corporation otherwise authorized to own, acquire, improve, control, operate, or manage a public utility or project and to issue bonds pursuant to this subchapter, may also, by action of its legislative branch, exercise any of the following powers:
1. to borrow money and issue bonds for the purposes of acquiring, improving, maintaining, financing, controlling, or operating the public utility or project, or for the purpose of selling, furnishing, or distributing the services, facilities, products, or commodities of such utility or project;
2. to enter into contracts in connection with the issuance of bonds for any of the purposes enumerated in subdivision (1) of this subsection;
3. to purchase, hold, and dispose of any of its bonds;
4. to pledge or assign all or part of any net revenues of the public utility or project, to provide for or to secure the payment of the principal of and the interest on bonds issued in connection with such public utility or project;
5. to do any and all things necessary or prudent to carry out the powers expressly granted or necessarily implied in this subchapter, including without limitation those powers enumerated in section 1824 of this title.
1. The bonds authorized under this section shall be in such form, shall contain such provisions, and shall be executed as may be determined by the legislative branch of the municipal corporation, but shall not be executed, issued, or made, and shall not be valid and binding, unless and until at least a majority of the legal voters of such municipal corporation present and voting at a duly warned annual or special meeting called for that purpose shall have first voted to authorize the same. (b) (1) The bonds authorized under this section shall be in such form, shall contain such provisions, and shall be executed as may be determined by the legislative branch of the municipal corporation, but shall not be executed, issued, or made, and shall not be valid and binding, unless and until at least a majority of the legal voters of such municipal corporation present and voting at a duly warned annual or special meeting called for that purpose shall have first voted to authorize the same.
2. The warning calling such a meeting shall state the purpose for which it is proposed to issue bonds, the estimated cost of the project, the amount of bonds proposed to be issued under this subchapter therefor, that such bonds are to be payable solely from net revenues, and shall fix the place where and the date on which such meetings shall be held and the hours of opening and closing the polls.
3. The notice of the meeting shall be published and posted as provided in section 1756 of this title.
4. When a majority of all the voters voting on the question at such meeting vote to authorize the issuance of bonds under this subchapter to pay for such project, the legislative body shall be authorized to issue bonds or enter into contracts, pledges, and assignments as provided in this subchapter.
5. Sections 1757 and 1758 of this title shall apply to the proceedings taken hereunder, except that the form of ballot to be used shall be substantially as follows:
The bonds authorized by this subchapter shall be sold at par, premium, or discount by negotiated sale, competitive bid, or to the Vermont Municipal Bond Bank.
Notwithstanding the provisions of subsection (b) of this section, the legislative branch of a municipal corporation owning a municipal plant as defined in 30 V.S.A. § 2901 may authorize by resolution the issuance of bonds in an amount not to exceed 50 percent of the total assets of said municipal plant without the need for voter approval. Nothing in this subsection shall be interpreted as eliminating the requirement for approval from the Public Utility Commission pursuant to 30 V.S.A. § 108 , where applicable.
Amended 1989, No. 111 , § 6, eff. June 22, 1989; 2019, No. 81 , § 1.

Shall bonds of the (name of municipality) to the amount of $__________ be issued under subchapter 2 of chapter 53 of Title 24, Vermont Statutes Annotated, payable only from net revenues derived from the (type) public utility system, for the purpose of paying for the following public utility project? If in favor of the bond issue, make a cross (x) in this square []. If opposed to the bond issue, make a cross (x) in this square [].

History

Source. V.S. 1947, § 3724. 1935, No. 70 , § 1. 1935, No. 69 , § 3.

2016. In subsec. (b), added the subdiv. (1)-(5) designations.

Amendments--2019. Subsec. (d): Added.

Amendments--1989. Section amended generally.

Validation and confirmation of bonds issued prior to June 22, 1989. 1989, No. 111 , § 13(d), eff. June 22, 1989, provided: "All bonds approved by a majority of the voters present and voting at a duly warned meeting of a municipal corporation and issued by the municipal corporation under subchapter 2 of chapter 53 of Title 24 prior to the effective date of this act (June 22, 1989) are hereby validated and confirmed in all respects."

Exercise of powers by municipal corporations; construction. 1989, No. 111 , § 13(e), (f), eff. June 22, 1989, provided:

"(e) The powers conferred herein may be exercised by any municipal corporation, provided that the incurring of indebtedness for any of the purposes authorized in subchapter 2 of chapter 53 of Title 24 has been approved by the legal voters of the municipal corporation at a duly warned meeting held for such purpose, regardless of whether or not the municipal corporation has entered into contracts or issued bonds in reliance thereon prior to the effective date of this act.

"(f) Nothing contained in this act (which amended this section) shall be construed as a grant of power to any municipal corporation to contract on a basis that provides for the payment of unconditional obligations imposed without regard to whether a public utility project is undertaken, completed, operable or operating or as a validation of any such contract."

ANNOTATIONS

Cited. Vermont Department of Public Service v. Massachusetts Municipal Wholesale Electric Co., 151 Vt. 73, 558 A.2d 215 (1988); Massachusetts Municipal Wholesale Electric Co. v. State, 161 Vt. 346, 639 A.2d 995 (1994).

§ 1823. Payment exclusive; effect.

The bonds issued and contracts entered into in connection therewith as authorized in section 1822 of this title and the interest thereon shall be payable solely and exclusively from net revenues derived from the public utility system or project and shall not constitute general indebtedness of the municipal corporation nor be an obligation or liability upon the municipal corporation to pay the same from any funds of the municipal corporation other than such net revenues. No holder or holders of any contracts entered into or bonds issued under this subchapter shall ever have the right to compel any exercise of the taxing power of the municipal corporation to pay such contracts or bonds, or the interest thereon. A statement referring to the limited nature of the contract or bond and reciting that it had been entered into or issued under this subchapter shall be made plainly to appear in or upon each contract or bond.
The bonds or contracts authorized by this subchapter shall not be affected by the restrictions and limitations of subchapter 1 of this chapter relating thereto.
Amended 1989, No. 111 , § 7, eff. June 22, 1989.

History

Source. V.S. 1947, § 3725. 1947, No. 202 , § 3747. 1935, No. 69 , § 4.

Amendments--1989. Section amended generally.

§ 1824. Specific provisions.

Generally. Any pledge of net revenues or bond proceeds and earnings thereon made by a municipal corporation under this subchapter shall be binding from the time when the pledge is made. Net revenues or bond proceeds and earnings thereon to be pledged and thereafter received by the municipal corporation shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act, and the lien of any pledge shall be binding against all parties having claims of any kind in tort, contract, or otherwise against the municipal corporation, irrespective of whether the parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be filed or recorded except in the records of the municipal corporation.
Special covenants. The contracts and bonds entered into and issued under section 1822 of this title may contain provisions relating to:
1. pledging all or any part of the net revenues of the public utility system or project in order to secure the payment of the bonds, or any part thereof, subject to such agreements with bondholders as may then exist;
2. the imposition or maintenance of rates, fees, or charges, subject to regulatory requirements, to generate revenues at least sufficient to provide for the costs of operation and maintenance of the public utility system and for payment of principal of and interest on all bonds issued in connection with such public utility as the same shall become due;
3. the imposition or maintenance of rates, fees, and charges, subject to regulatory requirements, as a multiple of principal and interest payments on bonds of the municipality issued under this subchapter;
4. periodic review of the financial condition of the public utility system for the purpose of estimating whether its revenues will be sufficient to comply with agreements with the holders of its bonds;
5. limitations, terms, and conditions with respect to the refunding or redemption of the bonds;
6. limitations, terms, and conditions with respect to the issuance of additional bonds in connection with the public utility system for which the bonds are issued, except bonds secured by a subordinate pledge of net revenues;
7. limitations on the purpose to which the proceeds of sale of bonds may be applied and pledging the proceeds to secure the payment of the bonds or of any issue thereof;
8. the procedure, if any, by which the terms of any agreement with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto, and the manner in which consent may be given;
9. requirements for the maintenance and operation of the utility system in accordance with prudent utility practice and regulatory requirements;
10. vesting in a trustee or trustees, within or without the State, the right to receive all or any part of the net revenue pledged and assigned to, or for the benefit of, the holder or holders of bonds issued hereunder, and to hold, apply, and dispose of the same; and vesting in the trustee or trustees such rights, powers, and duties in trust as the trustee may need to recover the amounts pledged to the holders of the municipal corporation's bonds and to enforce any covenants made by the municipal corporation to secure its bonds, and limiting or abrogating the right of the holders of its bonds to appoint a trustee under this subchapter or limiting the rights, powers, and duties of the trustee;
11. prescribing what acts or omissions of the municipality shall constitute "events of default" and the terms and conditions upon which any or all of such bonds shall become or may be declared due before maturity and as to the terms and conditions upon which such declaration and its consequences may be waived;
12. limitations on the rights, liabilities, powers, and duties arising upon the breach by it of any covenant, conditions, or obligations;
13. a definition, subject to regulatory requirements, of the standard of care, maintenance, and operation of the public utility project, including the maintenance of insurance and the application of proceeds of policies of insurance and condemnation awards thereon;
14. the pledge of proceeds to be derived upon the sale or disposition of the public utility project for the purpose of paying bonds issued by the municipal corporation for such project or defeasing the lien securing said bonds;
15. limitations on the right of the municipal corporation to encumber, sell, lease, or otherwise dispose of property used in public service operations of the public utility system; except for the sale, lease, or disposition of a part of such property, which in the reasonable judgment of the municipality has become unserviceable, obsolete, worn out, or no longer necessary in the operations of the public utility system or has been replaced by other property, and except for encumbrances in connection with bonds secured by a subordinate pledge of net revenues;
16. the bonds to be issued, the issuance of its bonds in escrow or otherwise, and the use and disposition of the proceeds thereof; provisions for the replacement of lost, destroyed, or mutilated bonds; prohibitions against extending the time for the payment of its bonds or interest thereon and to redeem its bonds and provisions for their redemption and the terms and conditions thereof; and
17. the creation of special funds for construction or operating costs, debt service, reserve, or similar purposes and covenanting as to the use and disposition and investment of the monies held in such funds.
  Amended 1989, No. 111 , § 8, eff. June 22, 1989; 2017, No. 74 , § 94.

History

Source. V.S. 1947, § 3726. 1935, No. 69 , § 5.

Amendments--2017. Subsec. (a): Added the subsec. heading.

Amendments--1989. Section amended generally.

§ 1825. Construction.

Nothing contained in this subchapter shall be so construed as authorizing the establishment or operation of a public utility. The provisions of this subchapter shall apply only to a public utility authorized by a special act or under the general law. Bonds may be issued hereunder for public utility projects of the municipal corporation notwithstanding that any other law may provide for the issuance of bonds for like purposes. This subchapter is remedial in nature and the powers hereby granted shall be liberally construed to effectuate the purposes hereof, and to this end the municipal corporation shall have powers necessary and prudent to carry out the purposes hereof in addition to the powers expressly conferred in this subchapter.

Amended 1989, No. 111 , § 9, eff. June 22, 1989.

History

Source. V.S. 1947, § 3727. 1935, No. 69 , § 6.

Amendments--1989. Added the third and fourth sentences.

§ 1826. Actions barred.

No action shall be brought directly or indirectly attacking, questioning, or in any manner contesting the legality or validity of municipal revenue bonds for public utility purposes, issued or unissued, voted by any municipality or by any other municipal corporate entity, after six months from the date upon which voters in any such municipality or other municipal corporate entity met pursuant to warning and voted affirmatively to issue bonds to defray costs of municipal utility purposes or upon vote of a question of recission thereof whichever occurs later.
This section shall be liberally construed to effect the legislative purpose to validate bonds issued or authorized by municipalities or other municipal corporate entities for public utility purposes, and to bar every right to question in any manner the validity of a bond voted by it for public utility purposes, and to bar every remedy therefor notwithstanding any defects or irregularities, jurisdictional or otherwise, after expiration of the six-month period.
Added 1975, No. 57 , § 2, eff. April 18, 1975.

History

2016. Added the subsec. (a) and (b) designations.

Revision note - This section was enacted as § 1875 but was renumbered as § 1826 to conform to of V.S.A. classification scheme.

Deleted "at law or in equity" following "action" pursuant to 1971, No. 185 (Adj. Sess.), § 236(d). See note under 4 V.S.A. § 219.

§ 1827. Enforcement of bond obligations.

The municipal corporation shall have power by resolution of its legislative body, adopted in connection with the issuance of the bonds and subject to approval under 30 V.S.A. § 108 to confer upon any holder or holders of a specified amount or percentage of bonds, including a trustee or trustees for such holders, the right in the event of an "event of default" as defined in any contract with the holder or holders of such bonds or the trustee or trustees therefor:

By suit, action, or proceedings in any court of competent jurisdiction to obtain the appointment of a receiver of the public utility system of the municipal corporation or any part or parts thereof. If such receiver be appointed he or she may enter and take possession of such public utility system of the municipal corporation or any part or parts thereof and operate and maintain the same, and collect and receive all revenues thereafter arising therefrom in the same manner as the municipal corporation itself might do and shall deposit such monies in a separate account or accounts and apply the same in accordance with the obligations of the municipal corporation as the court shall direct. All actions of receivers authorized under this section shall be subject to the same regulatory requirements applicable to the municipal utility. Provided, however, that notwithstanding the appointment of a receiver the municipal corporation shall retain the right subject to regulatory requirements to fix the rates, fees, and charges to be charged by the public utility system, the revenues from which are pledged to pay bonds and the interest thereon, and to receive from the receiver from time to time that portion of any revenues collected which shall be allocable to the municipal corporation on account of costs for public utility system maintenance, operation, repair, and regulation or other costs payable by the municipal corporation.
By suit, action, or proceedings in any court of competent jurisdiction to require the legislative body of the municipal corporation and the treasurer of the municipal corporation to account as if it, he, or she were the trustee of an express trust. Any such resolution shall constitute a contract between the municipal corporation and the holders of bonds of such issue.
Added 1989, No. 111 , § 10, eff. June 22, 1989.

§ 1828. Rights of holders.

Any holder or holders of bonds issued under this subchapter, including a trustee or trustees for holders of such bonds, shall have the right in addition to all other rights:

By extraordinary relief or other suit, action, or proceedings in any court of competent jurisdiction to enforce his, her, or their rights against the municipal corporation, the legislative body, any other proper officer, agent, or employee of any of them, including the right to require the municipality, the legislative body, and any proper officer, agent, or employee of any of them, to the extent consistent with the reasonable operation of a public utility, to fix and collect rates and charges subject to State and federal regulatory approval, adequate to carry out any agreement as to, or pledge of revenues, and to require the municipal corporation, the legislative body and any officer, agent, or employee of any of them to carry out any other covenants or agreements and to perform its and their duties under this subchapter.
By action or suit to enjoin any acts or things which may be unlawful or a violation of the rights of such holder of bonds.
Added 1989, No. 111 , § 11, eff. June 22, 1989.

History

2016. In subdiv. (1), following "including", deleted ", but without limitation," in accordance with 201, No. 5 , § 4.

Revision note - Deleted "in equity" following "suit" in subdiv. (2) pursuant to 1971, No. 185 (Adj. Sess.), § 236(d). See note under 4 V.S.A. § 219.

Subchapter 3. Indebtedness for Parking Lots and Meters

ANNOTATIONS

1. Purpose.

This subchapter, in general terms, enables town, or other political subdivisions specified, to pledge credit of municipality to finance acquisition of off street parking facilities by issuance of bonds, and provides for satisfaction of bonds from revenues produced from charges made for using parking facilities. Conn v. Town of Brattleboro, 120 Vt. 315, 140 A.2d 6 (1958).

§§ 1861-1874. Repealed. 2013, No. 122 (Adj. Sess.), § 1.

History

Former §§ 1861-1874. Former §§ 1861 through 1874, relating to indebtedness for parking lots and meters, was derived from 1957, No. 231 , §§ 1-14. Additionally, former § 1868 was amended by 1983, No. 99 (Adj. Sess.), § 1.

Transitional provision; parking reserve funds; permitted use for any municipal purpose. 2013, No. 122 (Adj. Sess.), § 3 provides: "Upon the effective date of this act (July 1, 2014], any municipality that has kept parking revenue separate from other revenue of the municipality under the provisions of 24 V.S.A. chapter 53, subchapter 3 (indebtedness for parking lots and meters) may use that revenue for any municipal purpose."

Subchapter 4. Form of Bonds, Notes, and Certificates

§ 1881. Form of bonds, notes, and certificates.

Notwithstanding any general or special law or charter provision to the contrary, a municipal corporation may issue bonds, notes, or certificates in coupon form payable to the bearer, in registered form without coupons, or in book entry form.

Added 1983, No. 24 , § 1, eff. April 6, 1983.

§ 1882. Signature.

Bonds, notes, or certificates other than those in book entry form shall be signed by the manual or facsimile signature of the treasurer of the municipal corporation or his or her deputy and countersigned by the manual or facsimile signature of the clerk of the municipal corporation or his or her deputy or in such other manner as the legislative branch of the municipal corporation shall determine, and the interest coupons thereon, if any, shall bear the facsimile signature of the treasurer of the municipal corporation. The date of issuance, place of payment, rate of interest, time of maturity, provisions with respect to redemption prior to maturity, at par or at a premium, and other particulars as to the form of such bonds, notes, or certificates within the limitations mentioned herein shall be determined by the legislative branch of the municipal corporation as it may deem for the best interest of the municipal corporation.

Added 1983, No. 24 , § 1, eff. April 6, 1983.

§ 1883. Transfer agent.

1. The treasurer of the municipal corporation shall act as transfer agent or registrar for the exchange or transfer of registered bonds, notes, or certificates or maintain the records so that bonds or notes in book entry form may be effected or contract with or otherwise designate a bank, trust company, or other person to act as transfer agent or registrar for the bonds, notes, or certificates, or maintain the records so that bonds or notes in book entry form may be effected. (a) (1) The treasurer of the municipal corporation shall act as transfer agent or registrar for the exchange or transfer of registered bonds, notes, or certificates or maintain the records so that bonds or notes in book entry form may be effected or contract with or otherwise designate a bank, trust company, or other person to act as transfer agent or registrar for the bonds, notes, or certificates, or maintain the records so that bonds or notes in book entry form may be effected.
2. Such bank, trust company, or other person, which may include the federal government or any of its agencies or instrumentalities, or any officer, agency, or instrumentality of the State, may be located or have its principal office inside or outside the State; provided, however, that any such transfer agent or registrar (other than the federal government or any of its agencies or instrumentalities) not domiciled in the State or having its principal business in the State, shall qualify and be authorized to do business in the State, or shall otherwise render itself amenable to personal service of process in the State and shall submit itself to personal jurisdiction in the courts of the State.
Bonds, notes, or certificates in book entry form shall be effected by means of entries on the records of the treasurer of the municipal corporation or his or her designee which shall reflect the description of the issue, the principal amount, the interest rate, the maturity date, and the owner of the bonds, notes, or certificates and such other information as is deemed appropriate.
The treasurer of the municipal corporation or other designated person may effect conversion between book entry bonds, notes, or certificates and registered bonds, notes, or certificates for owners of bonds, notes, or certificates who request such a change. The treasurer of the municipal corporation or other designated transfer agent or registrar shall issue a confirmation of the transaction in the form of a written advice.
Added 1983, No. 24 , § 1, eff. April 6, 1983.

History

2016. Added the subdiv. (a)(1) and (2) and the subsec. (b) and (c) designations.

§ 1884. Repealed. 2015, No. 29, § 14.

History

Former § 1884. Former § 1884, relating to confidential registry, was derived from 1983, No. 24 , § 1.

§ 1885. Application.

The provisions of this subchapter shall be effective with respect to bonds, notes, or certificates which have heretofore been approved by referendum authorizing bonds in coupon and registered form, or in coupon form only, and such bonds, notes, or certificates need not be resubmitted for a further vote or referendum for the purpose of authorizing the bonds, notes, or certificates in registered form or book entry form only.

Added 1983, No. 24 , § 1, eff. April 6, 1983.

§ 1886. Additional powers.

The treasurer of the municipal corporation or his or her designee shall have such additional powers as are necessary to effectuate the purposes of this act. This act supersedes any existing general or special law or charter provision with respect to the matters contained herein as they apply to the issuance of bonds, notes, or certificates but shall not diminish or restrict any powers heretofore granted by law.

Added 1983, No. 24 , § 1, eff. April 6, 1983.

§ 1887. Short title.

The provisions of this subchapter shall be known as the "Vermont Municipal Bond Registration Act."

Added 1983, No. 24 , § 1, eff. April 6, 1983.

Subchapter 5. Statewide Tax Increment Financing

History

Amendments--2017. 2017, No. 69 , § J.6 inserted "Statewide" preceding "Tax" in the subchapter heading.

Tax increment financing; legislative findings. 2017, No. 69 , § J.1 provides: "The General Assembly finds that the State of Vermont has an important role to play in creating the infrastructure necessary to support downtown development and revitalization, particularly in distressed communities."

§ 1891. Definitions.

When used in this subchapter:

"Municipality" means a city, town, or incorporated village.
"District" or "TIF" means a tax increment financing district.
"Legislative body" means the mayor and alderboard, the city council, the selectboard, and the president and trustees of an incorporated village, as appropriate.
"Improvements" means the installation, new construction, or reconstruction of infrastructure that will serve a public purpose and fulfill the purpose of tax increment financing districts as stated in section 1893 of this subchapter, including utilities, transportation, public facilities and amenities, land and property acquisition and demolition, and site preparation.
"Original taxable value" means the total valuation as determined in accordance with 32 V.S.A. chapter 129 of all taxable real property located within the tax increment financing district as of the creation date as set forth in section 1892 of this subchapter, provided that no parcel within the district shall be divided or bisected by the district boundary.
"Related costs" means expenses incurred and paid by the municipality, exclusive of the actual cost of constructing and financing improvements, that are directly related to the creation and implementation of the tax increment financing district, including reimbursement of sums previously advanced by the municipality for those purposes. Related costs may include direct municipal expenses such as departmental or personnel costs related to creating or administering the district to the extent they are paid from the tax increment realized from municipal and not education taxes and using only that portion of the municipal increment above the required percentage in servicing the debt as determined in accordance with subsection 1894(f) of this subchapter.
"Financing" means debt incurred, including principal, interest, and any fees or charges directly related to that debt, or other instruments or borrowing used by a municipality to pay for improvements in a tax increment financing district, only if authorized by the legal voters of the municipality in accordance with section 1894 of this subchapter. Payment for the cost of district improvements may also include direct payment by the municipality using the district increment. However, such payment is also subject to a vote by the legal voters of the municipality in accordance with section 1894 of this subchapter and, if not included in the tax increment financing plan approved under subsection 1894(d) of this subchapter, is also considered a substantial change and subject to the review process provided by subdivision 1901(2)(B) of this subchapter. If interfund loans within the municipality are used as the method of financing, no interest shall be charged.
"Committed" means pledged and appropriated for the purpose of the current and future payment of tax increment financing incurred in accordance with section 1894 of this subchapter and related costs as defined in this section.
Added 1985, No. 87 ; amended 2005, No. 184 (Adj. Sess.), § 2a; 2007, No. 190 (Adj. Sess.), § 54, eff. June 6, 2008; 2013, No. 80 , § 2; 2019, No. 14 , § 66, eff. April 30, 2019.

History

Amendments--2019 Subdiv. (7): Substituted "1901(2)(B)" for "1901(3)" in the third sentence.

Amendments--2013. Section amended generally.

Amendments--2007 (Adj. Sess.). Deleted "as defined in subdivision 1751(3) of this title" and the last sentence in subdiv. (6) and added subdiv. (7).

Amendments--2005 (Adj. Sess.). Added subdiv. (2), redesignated former subdivs. (2) and (3) as present subdivs. (3) and (4), and rewrote each, and added subdivs. (5) and (6).

Applicability of 2013 amendment. 2013, No. 80 , § 20(b) provides: "Secs. 2 through 9, 11, and 12 (clarification of ambiguous statutes) [which amended this section and 24 V.S.A. §§ 1892, 1894-1898, (except Sec. 6(b)), and 1900 and 32 V.S.A. §§ 5401 and 5404a] of this act shall apply to any tax increment retained for all taxes assessed on the April 1, 2013 grand list."

§ 1892. Creation of district.

Upon a finding that such action will serve the public purposes of this subchapter and subject to subsection (d) of this section, the legislative body of any municipality may create within its jurisdiction a special district to be known as a tax increment financing district. The district shall be described by its boundaries and the properties therein and the district boundary shall be shown on a plan entitled "Proposed Tax Increment Financing District (municipal name), Vermont." The legislative body shall hold one or more public hearings, after public notice, on the proposed plan.
When adopted by the act of the legislative body of that municipality, the plan shall be recorded with the municipal clerk and lister or assessor, and the creation of the district shall occur at 12:01 a.m. on April 1 of the calendar year so voted by the municipal legislative body.
A municipality that has approved the creation of a district under this section may designate a coordinating agency from outside the municipality's departments or offices to administer the district to ensure compliance with this subchapter and any statutory or other requirements and may claim this expense as a related cost. However, the coordinating agency shall not be authorized to enter into any agreement or make any covenant on behalf of the municipality.
The following municipalities have been authorized to use education tax increment financing for a tax increment financing district:
1. the City of Burlington, Downtown;
2. the City of Burlington, Waterfront;
3. the Town of Milton, North and South;
4. the City of Newport;
5. the City of Winooski;
6. the Town of Colchester;
7. the Town of Hartford;
8. the City of St. Albans;
9. the City of Barre;
10. the Town of Milton, Town Core; and
11. the City of South Burlington.
On or before January 15, 2018, the Joint Fiscal Office, with the assistance of the consulting Legislative Economist, the Department of Taxes, the State Auditor, and the Agency of Commerce and Community Development in consultation with the Vermont Economic Progress Council, shall examine and report to the General Assembly on the use of both tax increment financing districts and other policy options for State assistance to municipalities for funding infrastructure in support of economic development and the capacity of Vermont to utilize TIF districts moving forward.
The report shall include:
1. a recommendation for a sustainable statewide capacity level for TIFs or comparable economic development tools and relevant permitting criteria;
2. the positive and negative impacts on the State's fiscal health of TIFs and other tools, including the General Fund and Education Fund;
3. the economic development impacts on the State of TIFs and other tools, both positive and negative;
4. the mechanics for ensuring geographic diversity of TIFs or other tools throughout the State; and
5. the parameters of TIFs and other tools in other states.
Beginning in 2021 and every four years thereafter, on or before January 15, the Joint Fiscal Office, with the assistance of the consulting Legislative Economist, the Department of Taxes, and the Agency of Commerce and Community Development in consultation with the Vermont Economic Progress Council, shall examine the recommendations and conclusions of the tax increment financing capacity study and report created pursuant to subsection (e) of this section, and shall submit to the Emergency Board and to the House Committees on Commerce and Economic Development and on Ways and Means and the Senate Committees on Economic Development, Housing and General Affairs and on Finance an updated summary report that includes:
1. an assessment of any material changes from the initial report concerning TIFs and other tools and an assessment of the health and sustainability of the tax increment financing system in Vermont;
2. short-term and long-term projections on the positive and negative fiscal impacts of the TIF districts or other tools, as applicable, that are currently active or authorized in the State;
3. a review of the size and affordability of the net indebtedness for TIF districts and an estimate of the maximum amount of new long-term net debt that prudently may be authorized for TIF districts or other tools in the next fiscal year.
Annually, based on the analysis and recommendations included in the reports required in this section, the General Assembly shall consider the amount of new long-term net debt that prudently may be authorized for TIF districts in the next fiscal year and determine whether to expand the number of TIF districts or similar economic development tools in addition to the previously approved districts referenced in subsection (d) of this section and the six additional districts authorized by 32 V.S.A. § 5404a(f) .
Added 1985, No. 87 ; amended 2013, No. 80 , § 3; 2017, No. 69 , § J.2, eff. June 28, 2017; 2018, No. 11 (Sp. Sess.), § H.30.

History

Amendments--2017 (Adj. Sess.). Subsec. (g): Substituted "2021 and every four years" for "2019 and annually" preceding "thereafter".

Amendments--2017. Subsec. (d): Amended generally.

Subsecs. (e)-(h): Added.

Amendments--2013. Subsec. (a): Amended generally.

Subsec. (b): Inserted ", and the creation of the district shall occur at 12:01 a.m. on April 1 of the calendar year so voted by the municipal legislative body" following "assessor".

Subsecs. (c), (d): Added.

Applicability of 2013 amendment. 2013, No. 80 , § 20(b) provides: "Secs. 2 through 9, 11, and 12 (clarification of ambiguous statutes) [which amended this section and 24 V.S.A. §§ 1891, 1894-1898, (except Sec. 6(b)), and 1900 and 32 V.S.A. §§ 5401 and 5404a] of this act shall apply to any tax increment retained for all taxes assessed on the April 1, 2013 grand list."

Effective date of 2017 amendment. 2017, No. 69 , § N.1(b) provides that the amendments to this section shall take effect on the date of enactment of the fiscal year 2018 annual budget bill, which occurred on June 28, 2017.

Implementation. 2017, No. 69 , § J.5 provides: "Secs. J.1- J.4 [which amended this section, 24 V.S.A. § 1894, and 32 V.S.A. § 5404a] of this act shall apply only to tax increment financing district applications filed, and districts approved, on or after the date of passage of this act [June 8, 2017]."

§ 1893. Purpose.

The purpose of tax increment financing districts is to provide revenues for improvements that serve the district and related costs, which will stimulate development or redevelopment within the district, provide for employment opportunities, improve and broaden the tax base, or enhance the general economic vitality of the municipality, the region, or the State.

Added 1985, No. 87 ; amended 2005, No. 184 (Adj. Sess.), § 2b; 2007, No. 190 (Adj. Sess.), § 55, eff. June 6, 2008.

History

Amendments--2007 (Adj. Sess.). Substituted "that serve" for "located wholly or partly within" following "revenues for improvements" near the beginning.

Amendments--2005 (Adj. Sess.). Substituted "is to provide" for "shall be to provide", inserted "and related costs" following "district", substituted "stimulate" for "encourage" preceding "develop" and inserted "or redevelopment within the district" thereafter, substituted "economic vitality" for "economy" following "general", and made a minor change in punctuation.

§ 1894. Power and life of district.

Incurring indebtedness.
1. A municipality approved under 32 V.S.A. § 5404a(h) may incur indebtedness against revenues of the tax increment financing district at any time during a period of up to five years following the creation of the district. If no debt is incurred during this five-year period, the district shall terminate, unless the Vermont Economic Progress Council grants an extension to a municipality pursuant to subsection (d) of this section. However, if any indebtedness is incurred within the first five years after the creation of the district, then the district has a total of ten years after the creation of the district to incur any additional debt.
2. Any indebtedness incurred under subdivision (1) of this subsection may be retired over any period authorized by the legislative body of the municipality.
3. The district shall continue until the date and hour the indebtedness is retired or, if no debt is incurred, five years following the creation of the district.
Use of the education property tax increment. For only debt incurred within the period permitted under subdivision (a)(1) of this section after creation of the district, and related costs, up to 70 percent of the education tax increment may be retained for up to 20 years, beginning with the education tax increment generated the year in which the first debt incurred for improvements financed in whole or in part with incremental education property tax revenue. Upon incurring the first debt, a municipality shall notify the Department of Taxes and the Vermont Economic Progress Council of the beginning of the 20-year retention period of education tax increment.
Use of the municipal property tax increment. For only debt incurred within the period permitted under subdivision (a)(1) of this section after creation of the district, and related costs, not less than 85 percent of the municipal tax increment shall be retained to service the debt, beginning the first year in which debt is incurred, pursuant to subsection (b) of this section.
Approval of tax increment financing plan. The Vermont Economic Progress Council shall approve a municipality's tax increment financing plan prior to a public vote to pledge the credit of that municipality under subsection (h) of this section. The tax increment financing plan shall include all information related to the proposed financing necessary for approval by the Council and to assure its viability and consistency with the tax increment financing district plan approved by the Council pursuant to 32 V.S.A. § 5404a(h) . The tax increment financing plan may be submitted to and approved by the Council concurrently with the tax increment financing district plan. If no indebtedness is incurred within five years after the creation of the district, the municipality may submit an updated executive summary of the tax increment financing district plan and an updated tax increment financing plan to the Council to obtain approval for a five-year extension of the period to incur indebtedness; provided, however, that the updated plan is submitted prior to the five-year termination date of the district. The Council shall review the updated tax increment financing plan to determine whether the plan has continued viability and consistency with the approved tax increment financing plan. Upon approval of the updated tax increment financing plan, the Council shall grant an extension of the period to incur indebtedness of no more than five years. The submission of an updated tax increment financing plan as provided in this subsection shall operate as a stay of the termination of the district until the Council has determined whether to approve the plan.
Proportionality. The municipal legislative body may commit the State education and municipal tax increments received from properties contained within the tax increment financing district for the financing of improvements and for related costs only in the same proportion by which the improvement or related costs serve the district, as determined by the Council when approved in accordance with 32 V.S.A. § 5404a(h) , and in the case of an improvement that does not reasonably lend itself to a proportionality formula, the Council shall apply a rough proportionality and rational nexus test.
Required share of increment. If any tax increment utilization is approved pursuant to 32 V.S.A. § 5404a(h) , not more than 70 percent of the State property tax increment and not less than 85 percent of the municipal tax increment may be approved by the Council or used by the municipality to service this debt.
Adjustment of percentage. During the tenth year following the creation of the tax increment financing district, the municipality shall submit an updated tax increment financing plan to the Council which shall include adjustments and updates of appropriate data and information sufficient for the Council to determine, based on tax increment financing debt actually incurred and the history of increment generated during the first ten years, whether the percentages approved under subsection (f) of this section should be continued or adjusted to a lower percentage to be retained for the remaining duration of the retention period and still provide sufficient municipal and education increment to service the remaining debt.
Vote required on each instance of debt. Notwithstanding any provision of any municipal charter, each instance of borrowing to finance or otherwise pay for tax increment financing district improvements shall occur only after the legal voters of the municipality, by a majority vote of all voters present and voting on the question at a special or annual municipal meeting duly warned for the purpose, authorize the legislative body to pledge the credit of the municipality, borrow, or otherwise secure the debt for the specific purposes so warned; provided that each request to pledge the credit of the municipality for the purposes of financing tax increment financing district improvements shall include the new amount of debt proposed to be incurred and the total outstanding tax increment financing debt approved to date.
Notice to voters. A municipal legislative body shall provide information to the public prior to the public vote required under subsection (h) of this section. This information shall include the amount and types of debt and related costs to be incurred, including principal, interest, and fees, terms of the debt, the improvements to be financed, the expected development to occur because of the improvements, and notice to the voters that if the tax increment received by the municipality from any property tax source is insufficient to pay the principal and interest on the debt in any year, for whatever reason, including a decrease in property value or repeal of a State property tax source, unless determined otherwise at the time of such repeal, the municipality shall remain liable for the full payment of the principal and interest for the term of indebtedness. If interfund loans within the municipality are used, the information must also include documentation of the terms and conditions of such loan. If interfund loans within the municipality are used as the method of financing, no interest shall be charged.
Added 1985, No. 87 ; amended 1987, No. 204 (Adj. Sess.), § 1; 2005, No. 184 (Adj. Sess.), § 2c; 2007, No. 190 (Adj. Sess.), § 56, eff. June 6, 2008; 2011, No. 45 , § 15, eff. May 24, 2011; 2013, No. 80 , § 4; 2013, No. 174 (Adj. Sess.), §§ 8, 9, eff. June 4, 2014; 2017, No. 69 , § J.3. eff. June 28, 2017.

History

Amendments--2017. Subsec. (b): Substituted "70 percent" for "75 percent" preceding "of the education tax" in the first sentence.

Subsec. (c): Substituted "85 percent" for "an equal share" following "not less than"; and deleted "pursuant to subsection (f) of this section" following "tax increment".

Subsec. (f): Amended generally.

Amendments--2013 (Adj. Sess.). Subsecs. (b) and (c): In the first sentence, deleted "and related costs" following "For only debt" and inserted "and related costs," following "after creation of the district".

Subsec. (e): Substituted "commit" for "pledge and appropriate" following "legislative body may" in the first sentence.

Amendments--2011. Subdiv. (a)(2): Added the second through fourth sentences.

Amendments--2007 (Adj. Sess.). Section amended generally.

Amendments--2005 (Adj. Sess.). Designated the existing provisions of the section as subsec. (a), and in that subsection, substituted "up to 20 years" for "ten years" in the first and second sentence, deleted "and shall end at midnight on March 31 ten years thereafter" following "voted" in the second sentence; substituted "borrowing period" for "ten-year period" in the third sentence, and "the indebtedness" for "all such indebtedness" in the fourth sentence, and added subsec. (b).

Amendments--1987 (Adj. Sess.). Added "following the creation of the district" following "ten years" in the first sentence and added the third sentence.

Applicability of 2013 amendment. 2013, No. 80 , § 20(b) provides: "Secs. 2 through 9, 11, and 12 (clarification of ambiguous statutes) [which amended this section and 24 V.S.A. §§ 1891, 1892, 1895-1898, (except Sec. 6(b)), and 1900 and 32 V.S.A. §§ 5401 and 5404a] of this act shall apply to any tax increment retained for all taxes assessed on the April 1, 2013 grand list."

Implementation. 2017, No. 69 , § J. 5 provides: "Secs. J.1- J.4 [which amended this section, 24 V.S.A. § 1892 and 32 V.S.A. § 5404a] of this act shall apply only to tax increment financing district applications filed, and districts approved, on or after the date of passage of this act [June 8, 2017]."

§ 1895. Original taxable value.

As of the date the district is created, the lister or assessor for the municipality shall certify the original taxable value and shall certify to the legislative body in each year thereafter during the life of the district the amount by which the total valuation as determined in accordance with 32 V.S.A. chapter 129 of all taxable real property located within the tax increment financing district has increased or decreased relative to the original taxable value.

Added 1985, No. 87 ; amended 2013, No. 80 , § 5; 2013, No. 174 (Adj. Sess.), § 10, eff. June 4, 2014.

History

Amendments--2013 (Adj. Sess.). Substituted "total valuation as determined in accordance with 32 V.S.A. chapter 129 of all taxable real property located within the tax increment financing district has increased or decreased relative to the original taxable value" for "original taxable value has increased or decreased and the proportion which any such increase bears to the total assessed valuation of the real property for that year or the proportion which any such decrease bears to the original taxable value" at the end.

Amendments--2013. Substituted "As of the date the district is created" for "On or about 12:01 a.m., April 1, of the first year" at the beginning of the section and "original taxable value" for "assessed valuation of all taxable real property within the district as then most recently determined, which is referred to in this subchapter as the 'original taxable value'" following "certify the".

Applicability of 2013 amendment. 2013, No. 80 , § 20(b) provides: "Secs. 2 through 9, 11, and 12 (clarification of ambiguous statutes) [which amended this section and 24 V.S.A. §§ 1892, 1896-1898, (except Sec. 6(b)), and 1900 and 32 V.S.A. §§ 5401 and 5404a] of this act shall apply to any tax increment retained for all taxes assessed on the April 1, 2013 grand list."

§ 1896. Tax increments.

In each year following the creation of the district, the listers or assessor shall include no more than the original taxable value of the real property in the assessed valuation upon which the treasurer computes the rates of all taxes levied by the municipality and every other taxing district in which the tax increment financing district is situated; but the treasurer shall extend all rates so determined against the entire assessed valuation of real property for that year. In each year for which the assessed valuation exceeds the original taxable value, the municipality shall hold apart, rather than remit to the taxing districts, that proportion of all taxes paid that year on the real property in the district which the excess valuation bears to the total assessed valuation. The amount held apart each year is the "tax increment" for that year. No more than the percentages established pursuant to section 1894 of this subchapter of the municipal and State education tax increments received with respect to the district and committed for the payment for financing for improvements and related costs shall be segregated by the municipality in a special tax increment financing account and in its official books and records until all capital indebtedness of the district has been fully paid. The final payment shall be reported to the treasurer, who shall thereafter include the entire assessed valuation of the district in the assessed valuations upon which municipal and other tax rates are computed and extended and thereafter no taxes from the district shall be deposited in the district's tax increment financing account.
[Repealed.]
Notwithstanding any charter provision or other provision, all property taxes assessed within a district shall be subject to the provision of subsection (a) of this section. Special assessments levied under chapters 76A or 87 of this title or under a municipal charter shall not be considered property taxes for the purpose of this section if the proceeds are used exclusively for operating expenses related to properties within the district, and not for improvements within the district, as defined in subdivision 1891(4) of this title.
Amounts held apart under subsection (a) of this section shall only be used for financing and related costs as defined in section 1891 of this subchapter.
Added 1985, No. 87 ; amended 1987, No. 204 (Adj. Sess.), § 2; 2005, No. 184 (Adj. Sess.), § 2d; 2007, No. 66 , § 24, eff. July 1, 2006; 2007, No. 190 (Adj. Sess.), § 57, eff. June 6, 2008; 2013, No. 80 , § 6; 2013, No. 174 (Adj. Sess.), § 11, eff. June 4, 2014; 2015, No. 57 , § 63.

History

Amendments--2015. Subsec. (c): Added the last sentence.

Amendments--2013 (Adj. Sess.). Subsec. (a): Substituted "treasurer" for "listers or assessor" in three places, deleted ", the school district," following "taxes levied by the municipality," in the first sentence and inserted "municipal and other" following "assessed valuations upon which", and substituted "thereafter no taxes from the district shall be deposited in the district's tax increment financing account" for "taxes are remitted to all taxing districts" at the end.

Amendments--2013. Subsec. (a): Amended generally.

Subsec. (b): Repealed.

Subsecs. (c), (d): Added.

Amendments--2007 (Adj. Sess.). Subsec. (a): Amended generally.

Amendments--2007. Subsec. (b): Deleted "tax" preceding "grand list" in two places; inserted "for the property within the district" following "grand list"; substituted "The" for "In such a district, the" at the beginning of the second sentence and inserted "for the district" following "revenues" in that sentence.

Amendments--2005 (Adj. Sess.). Designated the existing provisions of the section as subsec. (a), and in that subsection, substituted "listers or assessor" for "lister or assessor" and "the listers or assessor" for "he" preceding "computes" and "shall extend" in the first sentence, inserted "and related costs" following "improvements" in the fourth sentence, and substituted "the final payment" for "such final payment" in the fifth sentence, and made minor changes in punctuation throughout, and added subsec. (b).

Amendments--1987 (Adj. Sess.). Deleted "mill" preceding "rates" in two places in the first sentence and following "upon which tax" in the fifth sentence and rewrote the fourth sentence.

Retroactive effect of 2007 amendment. 2007, No. 66 , § 26(c) provides: "Sec. 24 of this act [which amended subsec. (b) of this section] shall take effect retroactively, as of July 1, 2006."

Applicability of 2013 amendment. 2013, No. 80 , § 20(b) provides: "Secs. 2 through 9, 11, and 12 (clarification of ambiguous statutes) [which amended this section and 24 V.S.A. §§ 1891, 1892, 1894, 1895, 1897, 1898, (except Sec. 6(b)), and 1900 and 32 V.S.A. §§ 5401 and 5404a] of this act shall apply to any tax increment retained for all taxes assessed on the April 1, 2013 grand list."

Effective date and applicability of amendment to subsection (c). 2015, No. 57 , § 99(10) provides: "Sec. 63 (special assessments) [which amended subsection (c)] shall take effect on July 1, 2015, and apply to special assessments enacted after that date."

§ 1897. Repealed. 2013, No. 80, § 7.

History

Former § 1897. Former § 1897, relating to tax increment financing, was derived from 1985, No. 87 and amended by 2005, No. 184 (Adj. Sess.), § 2e and 2007, No. 190 (Adj. Sess.), § 58.

Applicability of 2013 amendment. 2013, No. 80 , § 20(b) provides: "Secs. 2 through 9, 11, and 12 (clarification of ambiguous statutes) [which amended this section and 24 V.S.A. §§ 1891, 1892, 1894, 1895, 1896, 1898, (except Sec. 6(b)), and 1900 and 32 V.S.A. §§ 5401 and 5404a] of this act shall apply to any tax increment retained for all taxes assessed on the April 1, 2013 grand list."

§ 1898. Powers supplemental; construction.

The powers conferred by this subchapter are supplemental and alternative to other powers conferred by law, and this subchapter is intended as an independent and comprehensive conferral of powers to accomplish the purposes set forth herein.
A municipality shall have power to issue from time to time general obligation bonds, revenue bonds, or revenue bonds also backed by the municipality's full faith and credit in its discretion to finance the undertaking of any improvements wholly or partly within such district. If revenue bonds are issued, such bonds shall be made payable, as to both principal and interest, solely from the income proceeds, revenues, tax increments, and funds of the municipality derived from or held in connection with its undertaking and carrying out of improvements under this chapter.
Bonds issued under the provisions of this chapter are declared to be issued for an essential public and governmental purpose.
Bonds issued under this section shall be authorized by resolution or ordinance of the local governing body and may be payable upon demand or mature at such time or times, bear interest at such rate or rates, be in such denomination or denominations, be in registered form, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium or payment, at such place or places, and be subject to such terms of redemption, such other characteristics, as may be provided by such resolution or trust indenture or mortgage issued pursuant thereto.
[Repealed.]
Such bonds may be sold at not less than par at public or private sales held after notice published prior to such sale in a newspaper having a general circulation in the municipality.
In case any of the public officials of the municipality whose signatures appear on any bonds or coupons issued under this chapter shall cease to be such officials before the delivery of such bonds, such signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if such officials had remained in office until such delivery. Any provisions of any law to the contrary notwithstanding, any bonds issued pursuant to this chapter shall be fully negotiable.
In any suit, action, or proceeding involving the validity or enforceability of any bond issued under this chapter or the security therefor, any such bond reciting in substance that it has been issued by the municipality in connection with an improvement, as herein defined, shall be conclusively deemed to have been issued for such purpose and such improvement shall be conclusively deemed to have been planned, located, and carried out in accordance with the provisions of this chapter.
[Repealed.]
Added 1985, No. 87 ; amended 1987, No. 204 (Adj. Sess.), §§ 3-6; 2005, No. 184 (Adj. Sess.), § 2f; 2007, No. 190 (Adj. Sess.), § 59, eff. June 6, 2008; 2009, No. 54 , § 37, eff. June 1, 2009; 2013, No. 80 , § 8.

History

Amendments--2013. Subsec. (b): Deleted the former third through eighth sentences.

Subsec. (e): Repealed.

Subsec. (f): Substituted "in the municipality" for "in the area of operation and in such other medium of publication as the municipality may determine or may be on the basis of par" following "circulation".

Amendments--2009. Subsec. (b): Rewrote the first sentence.

Amendments--2007 (Adj. Sess.). Subsec. (e): Substituted "financing" for "the bonds issued" following "governing body authorizing", inserted "or other financing" following "the amount of bonded indebtedness", "financing and" preceding "anticipate revenues" and "the" preceding "financial plan" at the end of the first sentence.

Amendments--2005 (Adj. Sess.). Subsec. (e): Inserted "and related costs" following "improvements" in the first sentence and added the second sentence.

Amendments--1987 (Adj. Sess.). Subsec. (b): Added "If revenue bonds are issued" preceding "such bonds shall be" and inserted "tax increments" preceding "and funds" in the second sentence, and substituted "chapter" for "subsection" preceding "to the contrary" in the eighth sentence.

Subsec. (c): Deleted "and, together with the interest thereon and income therefrom, shall be exempt from all taxes" following "purpose".

Subsec. (d): Substituted "registered form" for "such form, either coupon or registered" following "denomination or denominations, be in".

Subsec. (i): Repealed.

Applicability of 2013 amendment. 2013, No. 80 , § 20(b) provides: "Secs. 2 through 9, 11, and 12 (clarification of ambiguous statutes) [which amended this section and 24 V.S.A. §§ 1891, 1892, 1894-1897 (except Sec. 6(b)), and 1900 and 32 V.S.A. §§ 5401 and 5404a] of this act shall apply to any tax increment retained for all taxes assessed on the April 1, 2013 grand list."

§ 1899. Bonds as legal investments.

Added 1985, No. 87 .

§ 1900. Distribution.

In addition to all other provisions of this subchapter, with respect to any tax increment financing district, of the municipal and education tax increments received in any tax year that exceed the amounts committed for the payment of the financing for improvements and related costs in the district, equal portions of each increment may be retained for the following purposes: prepayment of principal and interest on the financing, placed in a special account required by section 1896 of this subchapter and used for future financing payments, or used for defeasance of the financing. Any remaining portion of the excess municipal tax increment shall be distributed to the city, town, or village budget, in proportion that each budget bears to the combined total of the budgets unless otherwise negotiated by the city, town, or village; and any remaining portion of the excess education tax increment shall be distributed to the Education Fund.

Added 1987, No. 204 (Adj. Sess.), § 7; amended 2005, No. 184 (Adj. Sess.), § 2g; 2007, No. 190 (Adj. Sess.), § 60, eff. June 6, 2008; 2013, No. 80 , § 9.

History

Amendments--2013. Section amended generally.

Amendments--2007 (Adj. Sess.). Section amended generally.

Amendments--2005 (Adj. Sess.). Inserted "municipal" preceding "tax"; deleted "which" following "received"; inserted "that" preceding "exceeds" and "and related costs" following "improvements"; deleted "and school district budget" following "budget"; substituted "the" for "both" preceding "budgets"; deleted "and school district" following "village" in the first sentence, and added the second sentence.

Applicability of 2013 amendment. 2013, No. 80 , § 20(b) provides: "Secs. 2 through 9, 11, and 12 (clarification of ambiguous statutes) [which amended this section and 24 V.S.A. §§ 1891, 1892, 1894-1898, (except Sec. 6(b)), and 32 V.S.A. §§ 5401 and 5404a] of this act shall apply to any tax increment retained for all taxes assessed on the April 1, 2013 grand list."

§ 1901. Information reporting.

Every municipality with an active tax increment financing district shall:

Develop a system, segregated for the tax increment financing district, to identify, collect, and maintain all data and information necessary to fulfill the reporting requirements of this section, including performance measures.
Throughout the year, as required by events:
1. provide notification to the Vermont Economic Progress Council and the Department of Taxes regarding any tax increment financing debt obligations, public votes, or votes by the municipal legislative body immediately following such obligation or vote on a form prescribed by the Council, including copies of public notices, agendas, minutes, vote tally, and a copy of the information provided to the public in accordance with subsection 1894(i) of this subchapter;
2. submit any proposed substantial changes to be made to the approved tax increment district plan and approved financing plan to the Council for review, only after receiving approval for the substantial change through a vote of the municipal legislative body.
Annually:
1. Ensure that the tax increment financing district account required by section 1896 of this subchapter is subject to the annual audit prescribed in sections 1681 and 1690 of this title. Procedures must include verification of the original taxable value and annual and total municipal and education tax increments generated, expenditures for debt and related costs, and current balance.
2. On or before February 15 of each year, on a form prescribed by the Council, submit an annual report to the Vermont Economic Progress Council and the Department of Taxes, including the information required by subdivision (2) of this section if not already submitted during the year, all information required by subdivision (A) of this subdivision (3), and the information required by 32 V.S.A. § 5404a(i) , including performance measures and any other information required by the Council or the Department of Taxes.
  Added 2007, No. 190 (Adj. Sess.), § 62, eff. June 6, 2008; amended 2013, No. 80 , § 10; 2013, No. 174 (Adj. Sess.), § 12, eff. June 4, 2014; 2015, No. 11 , § 27; 2015, No. 57 , § 62, eff. June 11, 2015.

History

Amendments--2015. Subdiv. (1): Act No. 11 substituted "measures" for "indicators" following "performance".

Subdiv. (3)(A): Act No. 57 substituted "prescribed in sections 1681 and 1690 of this title" for "prescribed in section 1681 of this title" in the first sentence.

Subdiv. (3)(B): Act No. 11 substituted "measures" for "indicators" following "performance".

Act No. 57 substituted "February 15" for "January 15".

Amendments--2013 (Adj. Sess.). Subdiv. (3)(A): Rewrote the subdivision.

Amendments--2013. Section amended generally.

Subchapter 6. Municipal Tax Increment Financing

§ 1903. Definitions.

As used in this subchapter:

"District" or "TIF" means a tax increment financing district.
"Improvements" means the installation, new construction, or reconstruction of infrastructure to benefit a municipal tax increment financing district, including utilities, transportation, public facilities and amenities, land and property acquisition and demolition, and site preparation.
"Legislative body" means the mayor and alderboard, the city council, the selectboard, or the president and trustees of an incorporated village, as appropriate.
"Municipality" means a city, town, or incorporated village.
"Original taxable value" means the total valuation as determined in accordance with 32 V.S.A. chapter 129 of all taxable real property located within the tax increment financing district as of the creation date as set forth in section 1904 of this subchapter, provided that no parcel within the district shall be divided or bisected by the district boundary.
"Related costs" means expenses incurred and paid by the municipality, exclusive of the actual cost of constructing and financing improvements, that are directly related to the creation and implementation of a municipal tax increment financing district, including reimbursement of sums previously advanced by the municipality for those purposes, direct municipal expenses such as departmental or personnel costs related to creating or administering the project, and audit costs allocable to the district.
Added 2017, No. 69 , § J.7, eff. June 28, 2017.

History

Effective date of section. 2017, No. 69 , § N.1(b) provides that this section shall take effect on the date of enactment of the fiscal year 2018 annual budget bill, which occurred on June 28, 2017.

§ 1904. Municipal tax increment financing district.

General authority. Notwithstanding any provision of subchapter 5 of this chapter or 32 V.S.A. § 5404a to the contrary, upon approval of the legislative body of any municipality, a municipality may create a municipal tax increment financing district, and may incur debt to provide funding for improvements and related costs for the district.
Municipal approval; voter approval.
1. The legislative body of the municipality shall hold one or more public hearings to consider a municipal tax increment financing plan. Following public notice, hearing, and opportunity to comment, the legislative body of the municipality may grant approval of the plan.
2. When adopted by the act of the legislative body of that municipality, the plan shall be recorded with the municipal clerk and lister or assessor, and the creation of the district shall occur at 12:01 a.m. on April 1 of the calendar year so voted by the municipal legislative body.
3. The municipality may only incur debt for the project if the voters of the municipality approve the debt obligation by a majority vote at a regular or special meeting for which voting upon the debt obligation was properly warned.
4. Following final voter approval, the municipality has up to five years to incur debt pursuant to the financing plan.
Life of district.
1. A municipality may incur indebtedness against revenues of the municipal tax increment financing district over any period authorized by the legislative body of the municipality.
2. Any indebtedness incurred under subdivision (1) of this subsection may be retired over any period authorized by the legislative body of the municipality.
3. The district shall continue until the date and hour the indebtedness is retired or, if no debt is incurred, after the period authorized by the legislative body of the municipality to incur indebtedness.
Financing. During the life of an active district, the following apply, notwithstanding any provision of law to the contrary:
1. Valuation.
  1. Within 30 days of voter approval pursuant to subsection (b) of this section, the lister or assessor for a municipality shall certify to the legislative body of the municipality the original taxable value of a tax increment financing district as of the date the voters approved the debt obligation.
  2. On or before June 30 following voter approval and annually thereafter, the lister or assessor shall assess and certify to the legislative body the current value of a project parcel.
2. Tax rate.
  1. The lister or assessor shall use the original taxable value of a project parcel when computing the municipal tax rate.
  2. When calculating the amount of tax due on a project parcel, the treasurer shall apply the municipal tax rate to the current assessed value, rather than the original taxable value.
3. Tax increment.
  1. The "tax increment" is the amount of tax paid on a project parcel, as calculated pursuant to subdivision (2)(B) of this subsection (d) using the current assessed value, that exceeds the amount of tax that would have been due if the tax rate were applied to the original taxable value.
  2. The municipality may retain any share of the municipal tax increment to service the debt, beginning the first year in which debt is incurred.
  3. A municipal tax increment financing district created pursuant to this subchapter is not authorized to retain any education property tax increment.
  4. A municipality shall segregate the tax increment in a special account and in its official books and records.
4. Use of tax increment.
  1. As of each date the municipality receives a tax payment and retains a portion of the tax increment pursuant to this section, the municipality shall use the portion of the municipal tax increment that is necessary to pay costs actually incurred as of that date for debt service and related costs.
  2. If, after paying for improvements and related costs, there remains any excess portion of the tax increment, the municipality may retain the increment to prepay principal and interest on the financing, use for future financing payments, or use for defeasance of the financing.
Annual audit.
1. The municipality shall ensure that the segregated account for the tax increment financing district required by this section is subject to the annual audit requirements prescribed in sections 1681 and 1690 of this title.
2. Any audit procedures shall include verification of the original taxable value and current assessed value, expenditures for project debt service and related costs, annual and total tax increment funds generated, and allocation of tax increment funds.
  Added 2017, No. 69 , § J.7, eff. June 28, 2017.

History

Effective date of this section. 2017, No. 69 , § N.1(b) provides that this section shall take effect on the date of enactment of the fiscal year 2018 annual budget bill, which occurred on June 28, 2017.

CHAPTER 54. COMMUNICATIONS PLANT AND SERVICE

Sec.

§ 1911. Definitions.

The following terms when used in this chapter shall have the following meaning:

"Acquire" shall mean to purchase, to acquire by eminent domain, to hire, to lease, to construct, to reconstruct, or to replace.
"Communications plant" shall mean any and all parts of any communications system owned by the municipality, whether using wires, cables, fiber optics, wireless, other technologies, or a combination thereof, and used for the purpose of transporting or storing information, in whatever forms, directions, and media, together with any improvements thereto hereafter constructed or acquired, and all other facilities, equipment, and appurtenances necessary or appropriate to such system. However, the term "communications plant" and any regulatory implications or any restrictions under this chapter regarding either "communications plant" or "communications service" shall not apply to facilities or portions of any communications facilities intended for use by, and solely used by, the municipality and the municipality's own officers and employees in the operation of municipal departments or systems of which such communications are merely an ancillary component.
"Communications service" shall include ownership, operation, and utilization of a communications plant within or without the corporate limits of the municipality to transport or store information in any form and medium.
"Improve" shall mean to acquire or construct any improvement, whether consisting of real or personal property.
"Improvement" shall mean any extension, betterment, addition, alteration, reconstruction, and extraordinary repair, equipping, or reequipping of the communications plant of the municipality.
Added 2007, No. 79 , § 4, eff. June 9, 2007.

§ 1912. Communications plant; authority to acquire, construct, operate, improve, extend, and better.

A municipality is authorized and empowered to own, maintain, operate, improve, and extend, or otherwise acquire, and to sell, lease, or otherwise dispose of, in accordance with and in any situation or manner not prohibited by law, its communications plant for the furnishing of communications services within or without the corporate limits of the municipality, for public, domestic, commercial, and industrial use, and for the provision of communications service. For the aforesaid purposes, the municipality may hire, lease, purchase, own, hold, and acquire by contract, agreement, or eminent domain proceedings any buildings, land, rights-of-way, and any other real property necessary or convenient to the operation of the communications plant, and may use any public highway over which it may be necessary or desirable to pass with the poles and wire of the same, provided that the use of such public highway for the purpose of public travel is not thereby unnecessarily impaired. These powers may be exercised through a taking by eminent domain in the manner prescribed by law. All of the foregoing powers are in addition to and not in substitution for or in limitation of any other powers conferred by law.
Before a municipality may sell any service using its communications plant subject to Public Utility Commission jurisdiction and for which a certificate of public good is required under 30 V.S.A. chapter 5 or 13, it shall obtain a certificate of public good for such service. Each such certificate of public good shall be nonexclusive and shall not contain terms or conditions more favorable than those imposed on existing certificate holders authorized to serve the municipality.
Added 2007, No. 79 , § 4, eff. June 9, 2007.

History

2017. In subsec. (b), substituted "Public Utility Commission" for "Public Service Board" in accordance with 2017, No. 53 , § 12.

§ 1913. Communications plant; operation and regulation.

A municipality shall operate its communications plant in accordance with the applicable State and federal law and regulation, and chapter 53 of this title, relating to municipal indebtedness, with regard to the financing, improvements, expansion, and disposal of the municipal communications plant and its operations. However, the powers conferred by such provisions of law shall be supplemental to, construed in harmony with, and not in restriction of, the powers conferred in this chapter.
A municipality's operation of any communications plant shall be supported solely by the revenues derived from the operation of such communications plant, except that portion which is used for its own municipal purposes.
A municipality may finance any capital improvement related to its operation of such communications plant for the benefit of the people of the municipality in accordance with the provisions of chapter 53 of this title, provided that revenue-backed bonds shall be paid from net revenues derived from the operation of the communications plant.
Any restriction regarding the maximum outstanding debt that may be issued in the form of general obligation bonds shall not restrict the issuance of any bonds issued by a municipality and payable out of the net revenues from the operation of a public utility project under chapter 53, subchapter 2 of this title.
To the extent that a municipality constructs communication infrastructure with the intent of providing communications services, whether wholesale or retail, the municipality shall ensure that any and all losses from these businesses, or in the event these businesses are abandoned or curtailed, any and all costs associated with the investment in communications infrastructure, are not borne by the municipality's taxpayers.
Notwithstanding any other provision of law to the contrary, a municipality may enter into a public-private partnership for the purpose of exercising its authority under this subchapter regarding the provision of communications services. A municipality may contract with a private entity to operate and manage a communications plant owned by the municipality or may contract with a private entity to co-own, operate, or manage a communications plant. A communications plant that is the subject of a public-private partnership authorized by this subsection may be financed in whole or in part pursuant to this chapter and chapter 53, subchapter 2 of this title, provided the municipality first issues a request for proposals seeking an Internet service provider to serve or to assist with serving unserved and underserved locations targeted by the issuing municipality. The terms of such a partnership shall specify that the owner or owners of the communications plant, as applicable, shall be responsible for debt service.
Added 2007, No. 79 , § 4, eff. June 9, 2007; amended 2019, No. 79 , § 13, eff. June 20, 2019.

History

Amendments--2019. Subsec. (d): Substituted "chapter 53, subchapter 2" for "subchapter 2 of chapter 53".

Subsec. (f): Added.

§ 1914. Validation of bonds voted for communications construction.

No action shall be brought directly or indirectly attacking, questioning, or in any manner contesting the legality or validity of bonds, issued or unissued, voted by any municipality, after six months from the date upon which voters in such municipal entity met pursuant to warning and voting affirmatively to issue bonds to defray costs of communications improvements or upon vote of a question of rescission thereof, whichever occurs later. This section shall be liberally construed to effect the legislative purpose to validate and make certain the validity of bonds issued or authorized by municipalities for communications system purposes, and to bar every right to question in any manner the validity of bonds voted for such purposes, and to bar every remedy therefore, notwithstanding any defects or irregularities, jurisdictional, or otherwise, after the expiration of the six-month period.

Added 2007, No. 79 , § 4, eff. June 9, 2007.

CHAPTER 55. POLICE

Sec.

Cross References

Cross references. Exemption of law enforcement officers from security licensure requirements, see 26 V.S.A. § 3151a.

Vermont Municipal Employees' Retirement System, see ch. 125 of this title.

§ 1931. Police officers.

The legislative body, and in its stead, the town manager, when appointed pursuant to chapter 37 of this title, of a municipality as defined in section 2001 of this title may establish a police department and appoint police officers and a chief of police who shall be a police officer. Such legislative body or town manager may temporarily appoint qualified persons as additional police officers when necessary, or appoint qualified persons as temporary police officers in the event no police department is established, shall specify the term and duties of such officers, and may fix their compensation, which may be paid by the municipality. They shall be sworn and shall hold office during good behavior, unless sooner removed for cause, or in the case of temporary police officers, for the term specified. Such appointment, oath, and removal shall be in writing and recorded in the office of the clerk of the municipality.
The direction and control of the entire police force, except as otherwise provided, shall be vested in the chief of police. If the chief of police is absent or disabled, or if the office of chief of police is vacant, the appointing authority may appoint another officer to discharge the duties of the chief of police.
The legislative body or town manager shall report the creation of a new police department or the elimination of an existing police department to the Vermont Criminal Justice Council within five working days of the creation or elimination. The report shall include the effective date of creation or elimination, the mailing address for the police department, and the name of the appointed police chief.
Amended 1969, No. 282 (Adj. Sess.), § 3; 1971, No. 194 (Adj. Sess.), § 1; 2009, No. 14 , § 2.

History

Source. 1955, No. 150 , § 1. V.S. 1947, § 3743. P.L. § 3648. G.L. § 4119. 1915, No. 1 , §§ 129, 130. 1910, No. 115 , § 19. P.S. §§ 3592, 3593. V.S. §§ 3143, 3144. 1882, No. 104 . R.L. §§ 2793, 2794. 1865, No. 47 , §§ 1, 2, 3.

2020. In subsec. (c), substituted "Vermont Criminal Justice Council" for "Vermont Criminal Justice Training Council" in accordance with 2019, No. 166 (Adj. Sess.), § 2(b).

Amendments--2009. Subsec. (c): Added.

Amendments--1971 (Adj. Sess.). Section amended generally.

Amendments--1969 (Adj. Sess.). Section amended generally.

ANNOTATIONS

Analysis

1. Removal.
2. Powers of police chief.

1. Removal.

In as much as Gadue may be read to require some form of disability as predicate for termination of a police officer for cause, that aspect of the decision is overruled. Hubacz v. Village of Waterbury, 207 Vt. 399, 187 A.3d 367 (2018).

While the grounds for termination listed in the statute governing a police officer's negligence or dereliction of duty may satisfy a cause standard, this does not preclude a police officer's termination for cause based upon factors not delineated in the statute. Hubacz v. Village of Waterbury, 207 Vt. 399, 187 A.3d 367 (2018).

Police officer may be terminated for cause when the State's Attorney unilaterally decides not to prosecute the officer's cases if, as a result of that nonprosecution decision, the officer is unable to perform the duties of his employment; however, a prosecutor's decision not to prosecute a police officer's cases may only serve as the basis for termination for cause where the police department involved cannot reasonably accommodate the effect of the prosecutor's decision, and a State's Attorney's decision not to prosecute a particular police officer's cases must be premised on valid grounds. Hubacz v. Village of Waterbury, 207 Vt. 399, 187 A.3d 367 (2018).

Prosecutor's determination that Brady requires the disclosure of damaging impeachment evidence regarding a particular police officer can provide valid grounds for the prosecutor's nonprosecution decision. Whether that nonprosecution decision may provide cause for the police officer's termination in a given case is a separate consideration; that consideration requires a finding that the officer in question cannot fulfill the duties associated with his employment and cannot be reassigned in such a way as to accommodate the nonprosecution decision. Hubacz v. Village of Waterbury, 207 Vt. 399, 187 A.3d 367 (2018).

Where this section and personnel rule allowed village to remove him for cause, police officer could be removed for a physical disability. Gadue v. Village of Essex Junction, 133 Vt. 282, 336 A.2d 182 (1975).

2. Powers of police chief.

In a Fair Labor Standards Act case, a police chief misread the Vermont statute regarding police officers as giving Vermont police chiefs the power to hire and fire personnel free from the supervision of town government. Read together, subsections (a) and (b) envision a police department created by town government, the operations of which are directed by a chief, but which is concurrently and ultimately subject to the authority of town government; by itself, subsection (b) means simply that the chief of police is in charge of the other people who work at the police department. Turnley v. Town of Vernon, 192 Vt. 238, 58 A.3d 215 (2012).

Cited. Town of Essex v. Bush, 141 Vt. 495, 450 A.2d 1106 (1982); Martin v. Town of Springfield, 141 Vt. 554, 450 A.2d 1135 (1982); Packard v. Gordon, 148 Vt. 579, 537 A.2d 140 (1987); Hee v. Everlof, 812 F. Supp. 1350 (D. Vt. 1993).

§ 1932. Negligence of officer; suspension; hearing.

Whenever it appears to the appointing authority by its own knowledge or when informed by a written petition signed by one or more responsible persons that any regular officer has become negligent or derelict in the officer's official duty, or is guilty of conduct unbecoming an officer, the appointing authority shall set a date for a hearing before the legislative body upon the complaint, and shall give at least seven and not more than 15 days, written notice to the accused officer stating particularly the complainant, the charges against the officer, and the time and place of hearing. The legislative body may suspend such officer from duty pending a hearing.
The officer is entitled to be represented by counsel, to answer the complaint, and to be heard on the charges. He or she may waive in writing his or her right to a hearing.
The officer may file with the Criminal Division of the Superior Court having territorial jurisdiction of such municipality and with the legislative body, at least 24 hours before the time set for said hearing, a notice of election to have the cause heard before said court. If such notice is duly filed, the Criminal Division of the Superior Court shall set the matter for hearing within ten days from the filing of said notice and shall give at least five days' written notice to the legislative body and the officer of the time and place of hearing. The court shall determine the facts and certify its findings, which shall be final, to the legislative body.
If the legislative body or the Criminal Division of the Superior Court, as the case may be, finds after considering all the evidence offered in such hearing, that the officer is guilty of the charges as offered, the legislative body shall have the power by majority vote to remove the officer or to suspend him or her without pay for a period of time not to exceed 60 days.
Any officer found not guilty of the charges offered against him or her by either the Criminal Division of the Superior Court or the legislative body shall have restored to the officer pay lost through suspension.
Amended 1963, No. 158 ; 1965, No. 194 , § 10, eff. July 1, 1965, operative Feb. 1, 1967; 2009, No. 154 (Adj. Sess.), § 238.

History

Source. 1955, No. 150 , § 2.

Amendments--2009 (Adj. Sess.) Substituted "criminal division of the superior court" for "district court" in subsecs. (c)-(e).

Amendments--1965. Substituted "district court" for "municipal court".

Amendments--1963. Subsec. (a): Added provisions which require written notice with the particularities therein and a maximum of fifteen days notice.

Subsec. (b): Added right to answer the complaint and to waive right to hearing.

Subsec. (c): Added right of officer to elect to have cause heard in municipal court.

Subsec. (d): Added phrases pertaining to municipal court.

Subsec. (e): Deleted reference to "regular" officer and added phrase pertaining to municipal court.

ANNOTATIONS

Analysis

1. Constitutionality.
2. Review.
3. Private right of action.
4. Conduct.
5. Removal.

1. Constitutionality.

District court lacked jurisdiction to review grounds and procedure for dismissal of police officer and issue findings of fact and conclusions of law; subsection (c) of this section, mandating such hearing within ten days of request of a dismissed employee, violates separation of powers provision of State Constitution. In re Williams, 154 Vt. 318, 577 A.2d 686 (1990).

2. Review.

Superior Court erred in dismissing complaint challenging firing of police chief on ground that certiorari review was unavailable because no substantial constitutional issue was raised. Hunt v. Village of Bristol, 159 Vt. 439, 620 A.2d 1266 (1992).

City council's dismissal of police officer, pursuant to findings and conclusions certified to it by district court, could not be directly appealed. City of Winooski v. Vincent, 137 Vt. 252, 402 A.2d 1192 (1979).

3. Private right of action.

The plain language of the statute regarding negligence of an officer does not suggest any legislative intent to allow a private cause of action for money damages. Furthermore, plaintiff had not advanced any cogent theory as to why a private right of action should be implied. Livingston v. Town of Hartford, 186 Vt. 547, 979 A.2d 459 (mem.) (May 27, 2009).

4. Conduct.

Police chief's failure to publicly disseminate information regarding a low-level sex offender could not, in and of itself, constitute dereliction because it did not implicate the performance of a specific duty. Turnley v. Town of Vernon, 194 Vt. 42, 71 A.3d 1246 (2013).

Simple misstatements without intent to mislead do not constitute conduct unbecoming a law enforcement officer in circumstances where the misstatements themselves - rather than negligent job performance - constitute the alleged cause for firing. Turnley v. Town of Vernon, 194 Vt. 42, 71 A.3d 1246 (2013).

Wide range of behavior - public or private - may qualify as conduct unbecoming an officer of the law. Generally speaking, one requires higher standards of conduct from law-enforcement officials than one might of people in other professions. Turnley v. Town of Vernon, 194 Vt. 42, 71 A.3d 1246 (2013).

Lying and a reputation for dishonesty would compromise a police chief's ability to carry out his official duties. A reputation for dishonesty also would diminish public respect in a way that would bear on departmental morale. Turnley v. Town of Vernon, 194 Vt. 42, 71 A.3d 1246 (2013).

Because a selectboard's findings or lack thereof with respect to the allegation that a police chief knowingly and deliberately misled the public were ambiguous, they could not support the board's determination to fire the chief for conduct unbecoming an officer under the officer-tenure statute. Turnley v. Town of Vernon, 194 Vt. 42, 71 A.3d 1246 (2013).

5. Removal.

Cited. Town of Essex v. Bush, 141 Vt. 495, 450 A.2d 1106 (1982); Martin v. Town of Springfield, 141 Vt. 554, 450 A.2d 1135 (1982); Packard v. Gordon, 148 Vt. 579, 537 A.2d 140 (1987).

§ 1933. Policy.

The provisions of sections 1931-1934 of this title affecting the tenure of such regular police officers and their removal from office shall apply to the chief of police. Such sections shall not apply to any police officer until he or she shall have served continuously for one year. Such sections shall not prevent a legislative body, or the town manager, from reducing the number of regular officers for reasons of economic necessity.

History

Source. 1955, No. 150 , § 3.

ANNOTATIONS

1. Layoffs and reductions.

Where probationary police officers were, by statute, excluded from the protections granted tenured police officers under the statute, probationary police officer who was laid off could not be reinstated, even though the layoff was for a reason other than that allowed by this section and a fellow, tenured, officer had to be reinstated for that reason. Audette v. Greer, 134 Vt. 300, 360 A.2d 66 (1976).

Conclusion that police officer's discharge was not due to economic necessity was supported by evidence that, though it was alleged that protection contract with nearby town had been terminated, resulting in a $ 1,000 per month payment loss, and that the force was too large and had accrued undue overtime, in fact, the police budget had been overspent in the prior three years and no layoffs had occurred, the village was well within its general and police budgets and the force had not increased when the terminated protection contract had gone into effect. Audette v. Greer, 134 Vt. 300, 360 A.2d 66 (1976).

§ 1934. Construction.

Notwithstanding any contrary provisions in any municipal charter, the provisions of sections 1931-1933 of this title shall control, unless a municipality has charter provisions providing for tenure of police officers during good behavior with removal only after hearing and for cause.

History

Source. 1955, No. 150 , § 4.

ANNOTATIONS

1. Law governing.

Since town's charter provided that all State statutes relating to municipalities applied to the town unless modified by charter, ordinance, or rule, and further provided that all general laws relative to town government should be in force unless inconsistent with the town's charter, this chapter applied to the town as a general law relative to town government unless and to the extent not superseded by charter, ordinance, or rule and therefore, the town's charter had provisions "providing for" tenure of police during good behavior, hearing, and removal only for cause as required by this section, providing that State statutory dismissal procedure would control removal of police officers unless municipality had contrary charter provisions; if Legislature had intended to require that municipalities enact specific procedures for removal of police officers into the body of their charters, it would have said so. Martin v. Town of Springfield, 141 Vt. 554, 450 A.2d 1135 (1982).

Cited. In re Williams, 154 Vt. 318, 577 A.2d 686 (1990).

§ 1935. Powers.

Police officers who are employed by a police department established under this chapter or pursuant to charter shall have the same powers as sheriffs in criminal matters and the enforcement of the law and the same powers, immunities, and matters of defense in serving criminal and civil process. The powers granted to police officers under this section may be exercised statewide.

Amended 1971, No. 194 (Adj. Sess.), § 2, eff. July 1, 1972; 1973, No. 114 ; 1987, No. 122 (Adj. Sess.), § 3, eff. Jan. 26, 1988; 2013, No. 49 , § 7.

History

Source. V.S. 1947, § 3744. P.L. § 3649. G.L. § 4120. 1915, No. 1 , § 130. 1910, No. 115 , § 19. P.S. § 3593. V.S. § 3144. R.L. § 2794. 1865, No. 47 , § 2.

Amendments--2013. Inserted "the same powers, immunities, and matters of defense" preceding "in serving criminal" and added "and civil" thereafter in the first sentence.

Amendments--1987 (Adj. Sess.). Section amended generally.

Amendments--1973. Substituted "sheriffs" for "constables".

Amendments--1971 (Adj. Sess.). Substituted "state" for "village" limits.

Cross References

Cross references. Service of criminal process by sheriffs, see 12 V.S.A. § 691.

Sheriffs generally, see ch. 5, subch. 5 of this title.

ANNOTATIONS

1. Jurisdiction to make arrests.

Before January 26, 1988, local police officers could not detain and arrest a suspect without a warrant outside of their territorial jurisdiction unless special circumstances were present. State v. Barber, 157 Vt. 228, 596 A.2d 337 (1990).

§ 1936. Special police officers; qualifications.

If the legislative body of a municipality does not establish a police department or appoint a chief of police, temporary police officers appointed pursuant to subsection 1931(a) of this title shall serve under the direction of the legislative body.
Persons appointed as law enforcement officers under the provisions of this chapter, before exercising any law enforcement authority, shall complete a course of training under 20 V.S.A. chapter 151.
Amended 1971, No. 194 (Adj. Sess.), § 3, eff. July 1, 1972; 1979, No. 57 , § 10; 2003, No. 122 (Adj. Sess.), § 85c.

History

Source. V.S. 1947, § 3566. P.L. § 3489. G.L. § 3977. P.S. § 3474. V.S. § 3024. R.L. § 2699. G.S. 15, §§ 62, 63, 64. 1860, No. 18 . 1856, No. 41 , §§ 1, 2, 3.

Amendments--2003 (Adj. Sess.). Subsec. (a): Substituted "1931(a) of this title" for "(a) of section 1931" and "of the legislative body" for "and control of the constable of the municipality".

Amendments--1979. Subsec. (b): Amended generally.

Amendments--1971 (Adj. Sess.). Section amended generally. Prior to 1971 (Adj. Sess.) amendment, § 1936 was repealed by 1969, No. 282 (Adj. Sess.), § 14.

§ 1936a. Constables; powers and qualifications.

A town may vote at a special or annual town meeting to prohibit constables from exercising any law enforcement authority.
Notwithstanding the provisions of subsection (a) of this section, constables may perform the following duties:
1. the service of civil or criminal process, under 12 V.S.A. § 691 ;
2. destruction of animals, in accordance with the provisions of 20 V.S.A. chapter 193;
3. the killing of injured deer, under 10 V.S.A. § 4749 ;
4. provision of assistance to the health officer in the discharge of the health officer's duties, under 18 V.S.A. § 617 ;
5. service as a Criminal Division of the Superior Court officer, under section 296 of this title;
6. removal of disorderly people from town meeting, under 17 V.S.A. § 2659 ; and
7. collection of taxes, when no tax collector is elected, as provided under section 1529 of this title.
A constable who is not prohibited from exercising law enforcement authority under subsection (a) of this section may transport a person arrested by the constable for a violation of 23 V.S.A. § 1201 (DUI) to a police department outside the town for the purpose of DUI processing and may complete the processing if he or she has been certified by the Vermont Criminal Justice Council to do so.
A municipal legislative body may vote to allow a constable elected or appointed in another municipality to exercise law enforcement authority in its municipality, provided that:
1. the constable is not prohibited from exercising law enforcement authority under subsection (a) of this section;
2. the constable is certified to exercise that level of authority under 20 V.S.A. § 2358 ; and
3. the exercise of law enforcement authority is conducted in accordance with policies and procedures adopted by the legislative body establishing the circumstances under which the authority may be exercised.
  Added 1991, No. 177 (Adj. Sess.), § 3; amended 1997, No. 57 , § 8, eff. June 26, 1997; 1999, No. 160 (Adj. Sess.), § 27; 2007, No. 195 (Adj. Sess.), § 9, eff. July 1, 2010; 2009, No. 108 (Adj. Sess.), § 11; 2009, No. 154 (Adj. Sess.), § 238; 2013, No. 141 (Adj. Sess.), § 19, eff. July 1, 2015.

History

2020. In subsec. (c), substituted "Vermont Criminal Justice Council" for "Vermont Criminal Justice Training Council" in accordance with 2019, No. 166 (Adj. Sess.), § 2(b).

Amendments--2013 (Adj. Sess.). Subdiv. (d)(2): Substituted "is certified to exercise that level of authority" for "has completed the training requirements for a full-time or part-time law enforcement officer" following "the constable".

Amendments--2009 (Adj. Sess.) Subsec. (a): Act No. 108 extended to July 1, 2012, the effective date of the amendment to this subsection made in 2007, No. 195 (Adj. Sess.), § 9.

Subdiv. (b)(5): Act 154 substituted "criminal division of the superior court" for "district court".

Amendments--2007 (Adj. Sess.). Subsec. (a): Deleted the subdiv. (1) designation and deleted subdiv. (2).

Amendments--1999 (Adj. Sess.). Subsec. (d): Added.

Amendments--1997. Subsec. (c): Added.

Cross References

Cross references. Appointment and removal of constables by selectboard, see 17 V.S.A. § 2651a.

§ 1937. Reciprocal assistance agreements.

A reciprocal assistance agreement may be entered into between:
1. the chief law enforcement officer of a municipality in a county of this State adjacent to a neighboring state, or the sheriff of such a county; and
2. the chief law enforcement officer of a municipality in an adjacent county of the neighboring state, or the sheriff of such a county.
The authority of a duly authorized and certified municipal law enforcement officer, sheriff, or deputy sheriff in a neighboring state shall extend to a municipality or county in this State if:
1. reciprocal statutory authority has been granted by the neighboring state to the law enforcement officers, sheriffs, or deputy sheriffs of this State;
2. a reciprocal assistance agreement under subsection (a) of this section has been executed which sets forth the terms and conditions under which assistance may be requested or rendered;
3. the agreement is in writing; and
4. in the case of an agreement by a municipality in this State, the agreement of the chief law enforcement officer of the municipality is approved by its legislative body.
The reciprocal assistance agreement shall constitute authorization for every request for assistance, and for any assistance rendered, in accordance with the terms and conditions of the written agreement, regardless of whether the officer, sheriff, or deputy sheriff is named in the agreement.
In either emergency or nonemergency circumstances, the ranking on-duty law enforcement officer, sheriff, or deputy sheriff may make an oral request for assistance to the ranking on-duty law enforcement officer, sheriff, or deputy sheriff in the responding jurisdiction, subject to the terms and conditions of the reciprocal assistance agreement. The agreement shall state the authority of the responding police officer in such circumstances.
A reciprocal assistance agreement shall remain in full force and effect until terminated by mutual consent of the parties to the agreement, or until ten days after one of the parties has received notification from the other party of intention to terminate the agreement.
Added 1989, No. 92 .

History

Former § 1937. Former § 1937, relating to appointment and oath of special constables, was derived from V.S. 1947, § 3567; P.L. § 3490; G.L. § 3978; P.S. § 3475; V.S. § 3025; R.L. § 2700; G.S. 15, §§ 62, 65; 1860, No. 18 ; 1856, No. 41 , §§ 1, 4 and repealed by 1969, No. 282 (Adj. Sess.), § 14.

§ 1938. Intermunicipal police services; purpose; agreements.

Cities, towns, incorporated villages, the University of Vermont, sheriffs, and State agencies may enter into agreements to provide for intermunicipal police services. Intermunicipal police services include general police services, emergency planning and assistance, task forces, and other specialized investigative units to provide police services within the boundaries of the participating municipalities and counties.
The legislative body of each municipality may authorize the chief of police or other designee to provide police resources for intermunicipal police services. The participating municipalities, sheriffs, and State agencies shall enter into a written agreement, which shall provide for the scope of the mutual services, the powers, duties, and responsibilities of each participant, and the governing authority for officers called for duty under the terms of the agreement. The agreement shall also contain provisions relating to the use of equipment, supplies, and materials during the period of mutual service. Any employee covered by such an agreement shall remain an employee of the donor agency.
Agreements entered into under this section shall not be subject to the requirement of chapter 121 of this title.
Cities, towns, incorporated villages, the University of Vermont, sheriffs, and State agencies may enter into agreements under this section with municipalities in the same or adjoining counties and with municipalities in adjoining states.
Added 1993, No. 42 , § 1; amended 2003, No. 121 (Adj. Sess.), §§ 82, 83, eff. June 8, 2004; 2003, No. 122 (Adj. Sess.), § 85d.

History

Amendments--2003 (Adj. Sess.). Subsec. (a): Both Acts No. 121 and No. 122 substituted "Cities, town, incorporated villages, the University of Vermont" for "Municipalities as defined in section 2001 of this title"; inserted "general police services, emergency planning and assistance" preceding "task forces", and deleted the last sentence.

Subsec. (d): Added by Act No. 121.

Prior law. Former § 1938, relating to fees allowed police officers in criminal causes, was derived from V.S. 1947, § 3745; P.L. § 3650; 1933, No. 157 , § 3405; G.L. § 4121; 1915, No. 1 , § 131; 1910, No. 115 , § 19; P.S. § 3594; V.S. § 3145, and repealed by 1969, No. 282 (Adj. Sess.), § 14.

ANNOTATIONS

Analysis

1. Construction.
2. Bidding.

1. Construction.

Statute pertaining to intermunicipal police services states that various municipalities "may" enter into agreements for the provision of police services, and does not mandate a bidding process. The plain, ordinary meaning of the word "may" indicates that a statute is permissive, not mandatory; thus, municipalities have discretion to enter into agreements for the provision of law enforcement services and may choose the provider in their own manner. Franklin County Sheriff's Office v. St. Albans City Police Dep't, 192 Vt. 188, 58 A.3d 207 (2012).

2. Bidding.

Sheriff's office lacked constitutional standing to assert a predatory pricing claim against a police department in part because it had no legally protected right to "fair competition" with other statutorily created government entities to provide police services to a town. The town was under no obligation to entertain bids for police services in the first instance, or to award the contract to the lowest bidder. Franklin County Sheriff's Office v. St. Albans City Police Dep't, 192 Vt. 188, 58 A.3d 207 (2012).

§ 1939. Recodified. 2019, No. 166 (Adj. Sess.), § 23a.

History

Former § 1939. Former § 1939, relating to the Law Enforcement Advisory Board, was derived from 2003, No. 122 (Adj. Sess.), § 85e and amended by 2005, No. 71 , § 81a; 2011, No. 134 (Adj. Sess.), § 4; 2011, No. 139 (Adj. Sess.), § 19; and 2013, No. 141 (Adj. Sess.), § 9, and pursuant to 2019, No. 166 (Adj. Sess.), § 23(a) was recodified as 20 V.S.A. § 1818.

Recodification of section. 2019, No. 166 (Adj. Sess.), § 23, provides: "(a) 24 V.S.A. § 1939 is recodified as 20 V.S.A. § 1818. During statutory revision, the Office of Legislative Counsel shall revise accordingly any references to 24 V.S.A. § 1939 in the Vermont Statutes Annotated.

"(b) Any references in session law and adopted rules to 24 V.S.A. § 1939 as previously codified shall be deemed to refer to 20 V.S.A. § 1818."

§ 1940. Special investigative units; boards; grants.

Pursuant to the authority established under section 1938 of this title, and in collaboration with law enforcement agencies, investigative agencies, victims' advocates, and social service providers, the Department of State's Attorneys and Sheriffs shall coordinate efforts to provide access in each region of the State to special investigative units which:
1. shall investigate:
  1. an incident in which a child suffers, by other than accidental means, serious bodily injury as defined in 13 V.S.A. § 1021 ; and
  2. potential violations of:
    1. 13 V.S.A. § 2602 (lewd or lascivious conduct with child);
    2. 13 V.S.A. chapter 60 (human trafficking);
    3. 13 V.S.A. chapter 64 (sexual exploitation of children);
    4. 13 V.S.A. chapter 72 (sexual assault); and
    5. 13 V.S.A. § 1379 (sexual abuse of a vulnerable adult); and
2. may investigate:
  1. an incident in which a child suffers:
    1. bodily injury, by other than accidental means, as defined in 13 V.S.A. § 1021 ; or
    2. death;
  2. potential violations of:
    1. 13 V.S.A. § 2601 (lewd and lascivious conduct);
    2. 13 V.S.A. § 2605 (voyeurism); and
    3. 13 V.S.A. § 1304 (cruelty to a child); and
3. may assist with the investigation of other incidents, including incidents involving domestic violence and crimes against vulnerable adults.
A special investigative unit organized and operating under this section may accept, receive, and disburse in furtherance of its duties and functions any funds, grants, and services made available by the State of Vermont and its agencies, the federal government and its agencies, any municipality or other unit of local government, or private or civic sources. Any employee covered by an agreement establishing a special investigative unit shall remain an employee of the donor agency.
A Special Investigative Unit Grants Board is created, which shall comprise the Attorney General, the Secretary of Administration, the Executive Director of State's Attorneys and Sheriffs, the Commissioner of Public Safety, the Commissioner for Children and Families, a representative of the Vermont Sheriffs' Association, a representative of the Vermont Association of Chiefs of Police, the Executive Director of the Center for Crime Victim Services, and the Executive Director of the Vermont League of Cities and Towns. Special investigative units organized and operating under this section may apply to the Board for a grant or grants covering the costs of salaries and employee benefits to be expended during a given year for the performance of unit duties as well as unit operating costs for rent, utilities, equipment, training, and supplies. Grants under this section shall be approved by a majority of the entire Board and shall not exceed 50 percent of the yearly salary and employee benefit costs of the unit. Preference shall be given to grant applications which include the participation of the Department of Public Safety, the Department for Children and Families, sheriffs' departments, community victims' advocacy organizations, and municipalities within the region. Preference shall also be given to grant applications which promote policies and practices that are consistent across the State, including policies and practices concerning the referral of complaints, the investigation of cases, and the supervision and management of special investigative units. However, a sheriff's department in a county with a population of fewer than 8,000 residents shall upon application receive a grant of up to $20,000.00 for 50 percent of the yearly salary and employee benefits costs of a part-time special investigative unit investigator, which shall be paid to the department as time is billed on a per hour rate as agreed by contract up to the maximum amount of the grant.
The Board may adopt rules relating to grant eligibility criteria, processes for applications, awards, and reports related to grants authorized pursuant to this section. The Attorney General shall be the adopting authority.
Added 2005, No. 83 , § 12; amended 2005, No. 192 (Adj. Sess.), § 5, eff. May 26, 2006; 2009, No. 1 , § 52a, eff. March 4, 2009; 2009, No. 1 56 (Adj. Sess.), § E.206; 2009, No. 157 (Adj. Sess.), § 15; 2015, No. 60 , § 15.

History

2013. In subsec. (c), substituted "Commissioner of Public Safety" for "Commissioner of the department of Public Safety" and "Department of State's Attorneys and Sheriffs" for "department of state's attorneys" in accordance with 2013, No. 49 , § 6.

Amendments--2015. Section amended generally.

Amendments--2009 (Adj. Sess.) Subsec. (c): Act No. 157 inserted ", the commissioner of the department of children and families" following "department for public safety" in the first sentence.

Subsec. (c): Act No. 156 added the last sentence.

Amendments--2009. Subsec. (c): Inserted "a representative of the Vermont sheriffs' association, a representative of the Vermont association of chiefs of police" following "department of public safety" in the first sentence and "sheriffs' departments, community victims' advocacy organizations" following "families" in the fourth sentence.

Amendments--2005 (Adj. Sess.). Section amended generally.

§§ 1941-1942. Repealed. 1971, No. 194 (Adj. Sess.), § 4, eff. July 1, 1972.

History

Former §§ 1941-1942. Former § 1941, relating to bond powers and fees of a chief of police, was derived from V.S. 1947, § 3748; P.L. § 3653; G.L. § 4124; P.S. § 3597; R. 1906, § 3480; 1904, No. 80 , § 3.

Former § 1942, relating to liabilities of a chief of police, was derived from V.S. 1947, § 3749; P.L. § 3654; G.L. § 4125; P.S. § 3598; 1904, No. 80 , § 5 and previously replaced by 1969, No. 282 (Adj. Sess.), § 14.

§ 1943. Animal Cruelty Investigation Advisory Board.

Board. An Animal Cruelty Investigation Advisory Board is created within the Department of Public Safety to advise the Governor, the General Assembly, and the Commissioner of Public Safety on issues involving the cooperation and coordination of all agencies that exercise animal welfare responsibilities.
Membership.
1. The Advisory Board shall be composed of the following members:
  1. the Commissioner of Public Safety or designee;
  2. the Executive Director of State's Attorneys and Sheriffs or designee;
  3. the Secretary of Agriculture, Food and Markets or designee;
  4. the Commissioner of Fish and Wildlife or designee;
  5. a member appointed by the Governor to represent the interests of the Vermont League of Cities and Towns;
  6. two members appointed by the Governor to represent the interests of organizations dedicated to promoting the welfare of animals;
  7. a member appointed by the Governor to represent the interests of the Vermont Police Association;
  8. a member appointed by the Governor to represent the interests of dog breeders and associated groups;
  9. a member appointed by the Governor to represent the interests of veterinarians; and
  10. a member to represent the interests of the Criminal Justice Training Council.
2. The Board shall elect a chair and a vice chair, which shall rotate among the various member representatives. Each member shall serve a term of two years. The Board shall meet at the call of the Chair. A quorum shall consist of six members, and decisions of the Board shall require the approval of a majority of those members present and voting.
Duties. The Board shall exercise oversight over Vermont's system for investigating and responding to animal cruelty complaints and develop a systematic, collaborative approach to providing the best services to Vermont's animals statewide, given monies available. In carrying out its responsibilities under this subsection, the Board shall:
1. identify and monitor the extent and scope of any deficiencies in Vermont's system of investigating and responding to animal cruelty complaints;
2. work with the Department of Public Safety to study the feasibility of designating one law enforcement agency to receive, dispatch, and document the outcome of animal cruelty complaints and, with the assistance of the Vermont Sheriffs' Association, develop a uniform response protocol for assigning complaints to the appropriate local law enforcement agencies;
3. ensure that investigations of serious animal cruelty complaints are systematic and documented, and develop written standard operating procedures and checklists to support the objective investigation of cruelty complaints that include objective measures of both environmental and clinical evidence of cruelty;
4. ensure that requests for voluntary compliance are made in writing, with clear requests and timelines, and include a timeline for the investigator to perform a follow-up visit to confirm actions taken;
5. develop a guide for animal cruelty prosecution, including a review of current sentencing recommendations for State's Attorneys;
6. research the feasibility of developing and implementing an animal cruelty prevention and education program for offenders to be used as a part of offenders' sentencing;
7. explore potential private and public sources of funding for animal cruelty investigations, including animal care expenses;
8. develop trainings, protocols, procedures, and guidance documents for agencies engaging in animal welfare responsibilities;
9. develop and identify funding sources for an animal cruelty investigation certification program for humane officers in accordance with 13 V.S.A. § 356 , and develop a standard by which a person who has been actively engaged in this State as a humane officer conducting animal cruelty investigations for at least five years preceding July 1, 2017 may become certified without completion of the certification program requirements;
10. identify funding sources for the training requirement under 20 V.S.A. § 2365b ;
11. develop recommendations for providing liability protection and reducing uncompensated costs to animal shelters and animal welfare groups that assist law enforcement authorities in animal cruelty investigations;
12. explore changing the annual deadline for dog licensure under 20 V.S.A. § 3582 better to align with the time of year dogs require annual veterinary care; and
13. determine what should appropriately constitute an enforcement action triggering the obligation of the Agency of Agriculture, Food and Markets to assist law enforcement pursuant to 13 V.S.A. § 354(a) .
Reimbursement. Members of the Board who are not employees of the State of Vermont and who are not otherwise compensated or reimbursed for their attendance shall be entitled to per diem compensation and reimbursement of expenses pursuant to 32 V.S.A. § 1010 , paid from the budget of the Agency of Administration for attendance of meetings of the Board.
Meetings and report. The Board shall meet no fewer than six times a year to undertake its duties as outlined in subsection (c) of this section. The Board shall report on its findings and specific recommendations in brief summary to the House and Senate Committees on Judiciary, House Committee on Agriculture and Forest Products, and Senate Committee on Agriculture annually on or before January 15.
Added 2015, No. 155 (Adj. Sess.), § 4.

CHAPTER 57. FIRE DEPARTMENTS

Sec.

Cross References

Cross references. Fire districts, see 20 V.S.A. ch. 171.

Fire mutual aid systems, see 20 V.S.A. ch. 175, subch. 3.

Outside aid by local fire departments, see 20 V.S.A. ch. 175, subch. 2.

Vermont Fire Service Training Council, see 20 V.S.A. ch. 179.

Volunteer fire departments, see 20 V.S.A. ch. 175, subch. 1.

§ 1951. Creation of department.

A town, city, or incorporated village shall have power to create, maintain, and operate a fire department as a department of the municipality, and for this purpose to purchase, acquire, hold, lease, or sell real property, equipment, and apparatus, and to appoint officers, firemen, and employees of the department.

Added 1969, No. 170 (Adj. Sess.), § 7, eff. March 2, 1970.

ANNOTATIONS

Cited. Holmberg v. Brent, 161 Vt. 153, 636 A.2d 333 (1993).

§ 1952. Eminent domain.

A town, city, or incorporated village may acquire real property for purposes of a fire house or fire station by exercise of the right of eminent domain in the manner and according to the procedure provided in sections 2805-2812 of this title for acquisition of land for a municipal building.

Added 1969, No. 170 (Adj. Sess.), § 7, eff. March 2, 1970.

History

Revision note. References to sections "2804-2811" of this title were changed to "2805-2812" to conform to renumbering of such sections.

§ 1953. Officers.

The officers of a fire department shall consist of a chief engineer, an assistant chief engineer, and fire captains in such number as the legislative body of the municipality shall determine. The duties and powers of the chief engineer shall be the same as those of the chief engineer of a fire district under 20 V.S.A. §§ 2671-2675 . The legislative body may appoint and remove such officers, and fix their salaries or other compensation, subject to such rules and regulations as the legislative body may adopt.

Added 1969, No. 170 (Adj. Sess.), § 7, eff. March 2, 1970.

Cross References

Cross references. Vermont Municipal Employees' Retirement System generally, see ch. 125 of this title.

§ 1954. Firemen.

Firemen shall be appointed by the chief engineer, subject to such rules or regulations as the legislative body may adopt, and may be salaried employees or volunteers. A fireman may be dismissed or suspended by the chief engineer on written notice, but shall be entitled to a hearing on such dismissal or suspension before the legislative body of the municipality if a written request for a hearing is submitted to the legislative body by the fireman dismissed or suspended within five days after receipt of notice thereof. The legislative body may revoke such dismissal or suspension, and may order reinstatement of a fireman suspended or dismissed.

Added 1969, No. 170 (Adj. Sess.), § 7, eff. March 2, 1970.

Cross References

Cross references. Vermont Municipal Employees' Retirement System generally, see ch. 125 of this title.

§ 1955. Expenditures.

All expenditures for the creation, operation, and maintenance of a fire department under this chapter shall be paid from the general fund of the municipality unless other means are provided by the legislative body or the qualified voters.

Added 1969, No. 170 (Adj. Sess.), § 7, eff. March 2, 1970.

§ 1956. Personnel rules.

The officers, firemen, and employees of a fire department organized under this chapter may be governed by rules adopted by the legislative body of the municipality under subchapter 11 of chapter 33 of this title.

Added 1969, No. 170 (Adj. Sess.), § 7, eff. March 2, 1970.

§ 1957. Contracts with federal government.

A town, city, or incorporated village, by act of its legislative body, may contract with the U.S. government or any of its departments or agencies for the purpose of providing fire protection to federal property located within its limits. These contracts for fire protection may include all firefighting costs which are ordinarily associated with firefighting functions of a fire department.

Added 1977, No. 218 (Adj. Sess.), § 8.

CHAPTER 58. COMMUNITY JUSTICE CENTERS

Sec.

§ 1961. Legislative findings.

A system of community justice centers that operates under the authority of a single statute will:

help each community justice center collaborate more closely with law enforcement and State's Attorneys, State agencies, social service providers, victim advocacy organizations, and other community resources;
enhance the services each community justice center provides; and
help each community justice center further its policy interest of achieving restorative justice.
Added 2007, No. 115 (Adj. Sess.), § 1.

§ 1962. Definitions.

As used in this chapter:

"Legislative body" means the mayor and board of aldermen of a city, a city council, a town selectboard, the president and trustees of an incorporated village, or the legislative bodies of a group of municipalities.
"Municipality" means a city, town, incorporated village, or group of municipalities.
Added 2007, No. 115 (Adj. Sess.), § 1.

§ 1963. Authority of municipalities.

The legislative body of any municipality may create within its jurisdiction a community justice center to resolve civil disputes and address the wrongdoings of individuals who have committed municipal, juvenile, or criminal offenses. A municipality may designate an organization to act as its community justice center.

Added 2007, No. 115 (Adj. Sess.), § 1.

§ 1964. Structure of the community justice boards; confidentiality of certain restorative justice meetings.

Each community justice center:
1. shall have an advisory board comprising at least 51 percent citizen volunteers;
2. may use a variety of community-based restorative justice approaches, including restorative justice panels, group conferencing, or mediation; and
3. shall include programs to resolve disputes, address the needs of victims, address the wrongdoing of the offender, and promote the rehabilitation of youthful and adult offenders.
Meetings of restorative justice panels and meetings to conduct restorative justice group conferencing or mediation shall not be subject to the Vermont Open Meeting Law, 1 V.S.A. chapter 5, subchapter 2.
Added 2007, No. 115 (Adj. Sess.), § 1; amended 2013, No. 143 (Adj. Sess.), § 5.

History

Amendments--2013 (Adj. Sess.). Section heading: Inserted "; confidentiality of certain restorative justice meetings" at the end.

Subdiv. (a)(2): Inserted "community-based" following "variety of" and substituted "restorative justice panels" for "community panels or boards" following "including".

Subsec. (b): Added.

§ 1965. Duties of the community justice centers.

Each community justice center:

shall work in close coordination with State agencies, law enforcement agencies, State's Attorneys, social service providers, victim advocacy organizations, and other community resources in administering the programs defined in subdivision 1964(a)(3) of this title;
shall, in collaboration with State and local agencies, provide training on the restorative justice process to citizen volunteers to enable their participation in the local community justice center;
may address quality of life issues in the community it serves by providing informational and educational resources to the community; and
may apply for funding from private foundations, other governmental sources, or other sources.
Added 2007, No. 115 (Adj. Sess.), § 1; amended 2017, No. 113 (Adj. Sess.), § 157.

History

Amendments--2017 (Adj. Sess.) Subdiv. (1): Substituted "subdivision 1964(a)(3)" for "subdivision 1964(3)".

§ 1966. Community justice centers' relationship with State government entities.

Support from the Agency of Human Services. The Agency of Human Services shall provide to the community justice centers the information, analysis, and technical support that the community justice centers, in collaboration with the Agency of Human Services, determine are necessary to further their policy of restorative justice.
Funding from the Agency of Human Services. The Agency of Human Services may provide funding and authorize community justice centers to participate in the implementation of State programs related to juvenile and criminal offenses.
Access to information. Community justice center employees and volunteers participating in State-funded programs shall have access to information, analysis, and technical support as necessary to carry out their duties within the program in accordance with State and federal confidentiality statutes and policies. Victim information that is not part of the public record shall not be released without the victim's consent.
Liability.
1. For the purposes of defining liability, community justice center volunteers participating in programs funded by the Agency of Human Services pursuant to subsection (b) of this section shall be considered volunteers of that agency.
2. In all other cases, the State and the municipality shall each be liable for the acts and omissions of employees operating within the scope of their employment.
  Added 2007, No. 115 (Adj. Sess.), § 1; amended 2015, No. 97 (Adj. Sess.), § 56.

History

Amendments--2015 (Adj. Sess.). Subsec. (a): Inserted "Support from the Agency of Human Services." at the beginning, and substituted "technical support that" for "technical support which".

§ 1967. Cases prohibited.

No case involving domestic violence, sexual violence, sexual assault, or stalking shall be referred to a community justice center except in Department of Corrections offender reentry programs pursuant to protocols protecting victims. The community justice centers shall work with the Department of Corrections and the Center for Crime Victim Services or its designee to develop victim safety protocols for community justice centers that take into consideration victim needs such as safety, confidentiality, and privacy.

Added 2007, No. 115 (Adj. Sess.), § 1.

CHAPTER 59. ADOPTION AND ENFORCEMENT OF ORDINANCES AND RULES

Sec.

History

Transitional provision. 2011, No. 83 (Adj. Sess.), § 2 provides: "Any municipal ordinance violation that was transferred to the district court or the criminal division of the superior court prior to the effective date of this act [April 18, 2012] shall be transferred by the criminal division to the judicial bureau for adjudication and collection pursuant to 24 V.S.A. § 1981."

Cross References

Cross references. Effect of statutory regulation of smoking in workplace on municipal smoking ordinances, see 18 V.S.A. § 1428.

Judicial Bureau, see 4 V.S.A. ch. 29.

Personnel rules, see ch. 33, subch. 11 of this title.

Solid waste ordinances, see ch. 61, subch. 12 of this title.

ANNOTATIONS

1. Personnel matters.

By enacting section 1122 of this title, empowering municipalities to adopt personnel regulations by a majority vote of the municipal legislative body rather than by the procedures set forth in this chapter, ordinarily applicable to promulgation of rules and ordinances, the Legislature intended to make personnel matters subject to regulation by local officials, so long as the regulations promulgated afford police officers tenure during good behavior, the opportunity for hearing, and removal only for cause. Martin v. Town of Springfield, 141 Vt. 554, 450 A.2d 1135 (1982).

§ 1971. Authority to adopt.

A municipality may adopt, amend, repeal, and enforce ordinances or rules for any purposes authorized by law.
An ordinance or rule adopted or amended by a municipality under this chapter or under its municipal charter authority shall be designated as either criminal or civil, but not both.
Added 1969, No. 170 (Adj. Sess.), § 8, eff. March 2, 1970; amended 1971, No. 14 , § 10, eff. March 11, 1971; 1993, No. 237 (Adj. Sess.), § 2, eff. Nov. 1, 1994.

History

Amendments--1993 (Adj. Sess.). Designated the existing provisions of the section as subsec. (a) and added subsec. (b).

Amendments--1971. Rephrased section.

ANNOTATIONS

Cited. State v. Yorkey, 163 Vt. 355, 657 A.2d 1079 (1995).

§ 1972. Procedure.

1. The legislative body of a municipality desiring to adopt an ordinance or rule may adopt it subject to the petition set forth in section 1973 of this title and shall cause it to be entered in the minutes of the municipality and posted in at least five conspicuous places within the municipality. The legislative body shall arrange for one formal publication of the ordinance or rule or a concise summary thereof in a newspaper circulating in the municipality on a day not more than 14 days following the date when the proposed provision is so adopted. Information included in the publication shall be the name of the municipality; the name of the municipality's website, if the municipality actively updates its website on a regular basis; the title or subject of the ordinance or rule; the name, telephone number, and mailing address of a municipal official designated to answer questions and receive comments on the proposal; and where the full text may be examined. The same notice shall explain citizens' rights to petition for a vote on the ordinance or rule at an annual or special meeting as provided in section 1973 of this title. (a) (1) The legislative body of a municipality desiring to adopt an ordinance or rule may adopt it subject to the petition set forth in section 1973 of this title and shall cause it to be entered in the minutes of the municipality and posted in at least five conspicuous places within the municipality. The legislative body shall arrange for one formal publication of the ordinance or rule or a concise summary thereof in a newspaper circulating in the municipality on a day not more than 14 days following the date when the proposed provision is so adopted. Information included in the publication shall be the name of the municipality; the name of the municipality's website, if the municipality actively updates its website on a regular basis; the title or subject of the ordinance or rule; the name, telephone number, and mailing address of a municipal official designated to answer questions and receive comments on the proposal; and where the full text may be examined. The same notice shall explain citizens' rights to petition for a vote on the ordinance or rule at an annual or special meeting as provided in section 1973 of this title.
2. Unless a petition is filed in accordance with section 1973 of this title, the ordinance or rule shall become effective 60 days after the date of its adoption, or at such time following the expiration of 60 days from the date of its adoption as is determined by the legislative body. If a petition is filed in accordance with section 1973 of this title, the taking effect of the ordinance or rule shall be governed by subsection 1973(e) of this title.
All ordinances and rules adopted by a municipality shall be recorded in the records of the municipality.
The procedure herein provided shall apply to the adoption of any ordinance or rule by a municipality unless another procedure is provided by charter, special law, or particular statute.
Added 1969, No. 170 (Adj. Sess.), § 8, eff. March 2, 1970; amended 1971, No. 14 , § 11, eff. March 11, 1971; 1979, No. 180 (Adj. Sess.), § 1, eff. May 5, 1980; 2011, No. 155 (Adj. Sess.), § 7.

History

Amendments--2011 (Adj. Sess.). Subsec. (a): Amended generally.

Amendments--1979 (Adj. Sess.). Subsec. (a): Amended generally.

Amendments--1971. Subsec. (a): Added reference to effective date under section 1973 of this title.

Subsec. (c): Rephrased.

ANNOTATIONS

1. Retroactive provisions.

Retrospective application of municipal enactments, while not favored, is not expressly prohibited. Burlington Fire Fighters' Ass'n v. City of Burlington, 149 Vt. 293, 543 A.2d 686 (1988).

Ordinance amendment which was passed in October 1984, but which had an effective date of July 1, 1983, was properly enforced retroactively. Burlington Fire Fighters' Ass'n v. City of Burlington, 149 Vt. 293, 543 A.2d 686 (1988).

Retrospective application of municipal legislation may be valid if its language clearly indicates the Legislature's intent that it have retroactive effect. Burlington Fire Fighters' Ass'n v. City of Burlington, 149 Vt. 293, 543 A.2d 686 (1988).

Cited. Herbert v. Town of Mendon, 159 Vt. 255, 617 A.2d 155 (1992); Robes v. Town of Hartford, 161 Vt. 187, 636 A.2d 342 (1993).

§ 1973. Permissive referendum.

An ordinance or rule adopted by a municipality may be disapproved by a vote of a majority of the qualified voters of the municipality voting on the question at an annual or special meeting duly warned for the purpose, pursuant to a petition signed and submitted in accordance with subsection (b) of this section.
A petition for a vote on the question of disapproving an ordinance or rule shall be signed by not less than five per cent of the qualified voters of the municipality, and presented to the legislative body or the clerk of the municipality within 44 days following the date of adoption of the ordinance or rule by the legislative body.
When a petition is submitted in accordance with subsection (b) of this section, the legislative body shall call a special meeting within 60 days from the date of receipt of the petition, or include an article in the warning for the next annual meeting of the municipality if the annual meeting falls within the 60-day period, to determine whether the voters will disapprove the ordinance or rule.
Not less than two copies of the ordinance or rule shall be posted at each polling place during the hours of voting, and copies thereof made available to voters at the polls on request. It shall be sufficient to refer to the ordinance or rule in the warning by title.
If a petition for an annual or a special meeting is duly submitted in accordance with this section, to determine whether an ordinance or rule shall be disapproved by the voters of the municipality, the ordinance or rule shall take effect on the conclusion of the meeting, or at such later date as is specified in the ordinance or rule, unless a majority of the qualified voters voting on the question at the meeting vote to disapprove the ordinance or rule in which event it shall not take effect.
Added 1969, No. 170 (Adj. Sess.), § 8, eff. March 2, 1970; amended 1971, No. 14 , § 12, eff. March 11, 1971.

History

Amendments--1971. Subsec. (e): Rephrased.

ANNOTATIONS

Cited. Smith v. Town of St. Johnsbury, 150 Vt. 351, 554 A.2d 233 (1988).

§ 1974. Enforcement of criminal ordinances.

1. The violation of a criminal ordinance or rule adopted by a municipality under this chapter shall be a misdemeanor. (a) (1) The violation of a criminal ordinance or rule adopted by a municipality under this chapter shall be a misdemeanor.
2. The criminal ordinance or rule may provide for a fine or imprisonment, but no fine shall exceed $800.00, nor may any term of imprisonment exceed one year.
3. Each day the violation continues shall constitute a separate offense.
The presiding judge of the Superior Court, on application of the legislative body of a municipality, shall have jurisdiction to enjoin the violation of an ordinance or rule but the election of a municipality to proceed under this subsection shall not prevent prosecutions under subsection (a) of this section.
Prosecutions of criminal ordinances shall be brought before the Superior Court pursuant to 4 V.S.A. § 32 .
Prosecutions of criminal ordinances may be brought on behalf of the municipality by the municipal attorney or other person designated by the legislative body of the municipality.
Added 1969, No. 170 (Adj. Sess.), § 8, eff. March 2, 1970; amended 1993, No. 237 (Adj. Sess.), § 3, eff. Nov. 1, 1994; 2009, No. 154 (Adj. Sess.), § 182; 2017, No. 74 , § 95; 2017, No. 93 (Adj. Sess.), § 20; 2017, No. 130 (Adj. Sess.), § 14.

History

Reference in text. 4 V.S.A. § 441, referred to in subsec. (c) of this section, was repealed by 2009, No. 154 (Adj. Sess.), § 238.

Revision note. Substituted "presiding judge of the superior court" for "courts of chancery" in subsec. (b) pursuant to 1971, No. 185 (Adj. Sess.), § 236(d) and 1973, No. 193 (Adj. Sess.), § 3. See notes under 4 V.S.A. §§ 71 and 219.

Amendments--2017 (Adj. Sess.). Subsec. (a): Act No. 130 added the subdiv. (1) through (3) designations, and in subdiv. (2), substituted "fine shall exceed $800.00" for "fine may exceed $500.00".

Subsec. (d): Act No. 93 deleted ", grand juror," following "attorney".

Amendments--2017. Subsec. (c): Substituted "4 V.S.A. § 32" for "4 V.S.A. § 441" following "pursuant to".

Amendments--2009 (Adj. Sess.) Subsec. (c): Substituted "superior" for "district" preceding "court" and "4 V.S.A. § 441" for "section 441 of Title 4".

Amendments--1993 (Adj. Sess.). Added "of criminal ordinances" following "enforcement" in the section catchline, substituted "a criminal" for "an" preceding "ordinance" in the first sentence, inserted "criminal" preceding "ordinance" in the second sentence and substituted "day" for "week" preceding "the violation" in the third sentence of subsec. (a) and added subsecs. (c) and (d).

Cross References

Cross references. Enforcement of solid waste ordinance generally, see ch. 61, subch. 12 of this title.

Payment of fines to municipalities, see 13 V.S.A. § 7251.

§ 1974a. Enforcement of civil ordinance violations.

A civil penalty of not more than $800.00 may be imposed for a violation of a civil ordinance. Each day the violation continues shall constitute a separate violation.
All civil ordinance violations, except municipal parking violations, and all continuing civil ordinance violations, where the penalty is $800.00 or less, shall be brought before the Judicial Bureau pursuant to Title 4 and this chapter. If the penalty for all continuing civil ordinance violations is greater than $800.00, or injunctive relief, other than as provided in subsection (c) of this section, is sought, the action shall be brought in the Criminal Division of the Superior Court, unless the matter relates to enforcement under chapter 117 of this title, in which instance the action shall be brought in the Environmental Division of the Superior Court.
The Judicial Bureau, on application of a municipality, may order that a civil ordinance violation cease.
Civil enforcement of municipal zoning violations may be brought as a civil ordinance violation pursuant to this section or in an enforcement action pursuant to the requirements of chapter 117 of this title.
1. When filed in court as an enforcement action by the municipality, municipal parking violations shall be brought as civil violations. The right to trial by jury shall not apply in such cases. (e) (1) When filed in court as an enforcement action by the municipality, municipal parking violations shall be brought as civil violations. The right to trial by jury shall not apply in such cases.
2. A person who received a criminal conviction in District Court for a municipal parking violation committed before January 1, 2005 may petition the court to seal all records in the matter. The person shall provide a copy of the petition to the State or municipal official who was the prosecuting authority on the matter in District Court. The court shall grant the petition if, after providing the prosecuting authority with an opportunity to respond, the court finds that sealing the records would serve the interests of justice.
  Added 1993, No. 237 (Adj. Sess.), § 4, eff. Nov. 1, 1994; amended 1997, No. 121 (Adj. Sess.), § 17; 2003, No. 115 (Adj. Sess.), § 77, eff. Jan. 1, 2005; 2003, No. 146 (Adj. Sess.), § 5, eff. Jan. 1, 2005; 2009, No. 154 (Adj. Sess.), § 236; 2011, No. 155 (Adj. Sess.), § 2.

History

Amendments--2011 (Adj. Sess.). Substituted "$800.00" for "$500.00" throughout subsecs. (a) and (b); and in subsec. (b) added "the criminal division of the" and substituted "the environmental division of the superior court" for "environmental division" in the last sentence.

Amendments--2009 (Adj. Sess.) Subsec. (b): Substituted "environmental division" for "environmental court" in the last sentence.

Amendments--2003 (Adj. Sess.). Subsec. (b): Act No. 115 inserted the language beginning "unless the matter relates" and ending with "brought in environmental court" at the end of the subsection.

Subsec. (e): Added by Act No. 146.

Amendments--1997 (Adj. Sess.). Substituted "judicial bureau" for "traffic and municipal ordinance bureau" and "Title 4" for "chapter 24 of Title 23" in subsec. (b) and substituted "judicial bureau" for "municipal ordinance bureau hearing officer" in subsec. (c).

Cross References

Cross references. Civil ordinance violation procedure, see §§ 1977, 1979, 1981, and 1982 of this chapter.

Enforcement of order from Judicial Bureau, see § 1981 of this chapter.

§ 1975. Evidence of adoption.

A certificate of the clerk of a municipality showing the publication, posting, recording, and adoption of an ordinance or rule, or any of the foregoing, shall be presumptive evidence of the facts so stated in any action or proceeding in court or before any board, commission, or other tribunal.

Added 1969, No. 170 (Adj. Sess.), § 8, eff. March 2, 1970; amended 1971, No. 14 , § 13, eff. March 11, 1971.

History

Amendments--1971. Rephrased section.

§ 1976. Amendments and repeals.

An ordinance or rule adopted in accordance with the procedures provided for in this chapter may be amended or repealed in accordance with the procedure herein set forth relating to adoption of ordinances and rules, and the provisions of this chapter, including the right of petition and referendum contained in section 1973 of this title, shall apply to the amendment or repeal of an ordinance or rule adopted under this chapter as well as to its enactment.

Added 1969, No. 170 (Adj. Sess.), § 8, eff. March 2, 1970.

§ 1977. Complaint for municipal civil ordinance violations.

The complaint in a municipal civil case shall be signed by the issuing municipal official. The original copy shall be filed with the Judicial Bureau, a copy shall be retained by the issuing municipal official, and two copies shall be given to the defendant.
The municipal official may void or amend the municipal complaint issued by that official by so marking the complaint and sending it to the Judicial Bureau.
The Court Administrator shall approve an appropriate summons and complaint form, pursuant to 4 V.S.A. § 1105(a) , to implement the assessment of the full and waiver penalty provisions of this section.
Added 1993, No. 237 (Adj. Sess.), § 5, eff. Nov. 1, 1994; amended 1997, No. 121 (Adj. Sess.), § 18; 1999, No. 58 , § 4, eff. Sept. 1, 1999; 1999, No. 160 (Adj. Sess.), § 28.

History

Amendments--1999 (Adj. Sess.). Section amended generally.

Amendments--1999. Subsec. (d): Inserted "waiver penalty and the full" following "the amount of the" in the first sentence of the introductory paragraph.

Subdiv. (d)(1): Inserted "with payment in the amount of the waiver penalty" following "20 days".

Subdiv. (d)(2): Added the second sentence.

Subdiv. (d)(3): Inserted "or if you deny the allegations in the complaint and fail to appear for the hearing" following "20 days" and "against you in the amount of the full penalty" following "will be entered".

Subdiv. (d)(4): Repealed.

Amendments--1997 (Adj. Sess.). Substituted "judicial bureau" for "traffic and municipal ordinance bureau" in subsecs. (a)-(c) and in subdivs. (d)(1) and (d)(2) and substituted "municipal complaint" for "civil ordinance complaint" at the end of subsec. (a).

§ 1978. Repealed. 1997, No. 121 (Adj. Sess.), § 39(6).

History

Former § 1978. Former § 1978, relating to answer to municipal complaint; default, was derived from 1993, No. 237 (Adj. Sess.), § 5, eff. Nov. 1, 1994.

§ 1979. Procedure.

Municipal ordinance violations shall be heard by the Bureau and the procedure shall be as provided in 4 V.S.A. chapter 29.
At the hearing, the municipal attorney or designee of the legislative body of the municipality may dismiss or amend the complaint, subject to the approval of the hearing officer.
Upon entry of default judgment pursuant to 4 V.S.A. § 1105(f) , the hearing officer shall assess the full penalty provided for in the ordinance that was found to have been violated.
Upon entry of judgment against the defendant after a contested hearing, the hearing officer shall assess a civil penalty in an amount not less than the waiver penalty and not more than the full penalty provided for in the ordinance that was found to have been violated.
Added 1993, No. 237 (Adj. Sess.), § 5, eff. Nov. 1, 1994; amended 1997, No. 121 (Adj. Sess.), § 19; 1999, No. 58 , § 5, eff. Sept. 1, 1999; 2017, No. 93 (Adj. Sess.), § 21.

History

2005. Reference to "4 V.S.A. § 1105(e)" in subsec. (c) was changed to "4 V.S.A. § 1105(f) due to redesignation of subsections in that section.

Amendments--2017 (Adj. Sess.). Subsec. (b): Deleted ", grand juror," following "attorney".

Amendments--1999. Added subsecs. (c) and (d).

Amendments--1997 (Adj. Sess.). Substituted "Procedure" for "Hearing" as the catchline and substituted subsecs. (a) and (b) for former subsecs. (a)-(f), which set out the procedures for hearings and required the Supreme Court to establish rules for the conduct of hearings under this chapter.

§ 1980. Repealed. 1997, No. 121 (Adj. Sess.), § 39(7).

History

Former § 1980. Former § 1980, relating to civil ordinance violation appeals, was derived from 1993, No. 237 (Adj. Sess.), § 5, eff. Nov. 1, 1994.

§ 1981. Enforcement of order from Judicial Bureau.

Upon the filing of the complaint and entry of a judgment after hearing or entry of default by the hearing officer, subject to any appeal pursuant to 4 V.S.A. § 1107 , the person found in violation shall have up to 30 days to pay the penalty to the Judicial Bureau. All the civil remedies for collection of judgments shall be available to enforce the final judgment of the Judicial Bureau.
In addition to any other civil remedies available by law, a final judgment of the Judicial Bureau that has not been satisfied within 30 days shall, upon due recordation in the land records of the town in which any real or personal property of the defendant is located, constitute a lien upon that real or personal property, except for motor vehicles as defined by 23 V.S.A. § 4(21) , and may be enforced within the time and in the manner provided for the collection of taxes pursuant to 32 V.S.A. chapter 133, subchapter 8.
The remedies of civil contempt and referral to a collections agency for failure to pay a Judicial Bureau judgment under this section shall be as provided in 4 V.S.A. § 1109(c) and (d).
Added 1993, No. 237 (Adj. Sess.), § 5, eff. Nov. 1, 1994; amended 1997, No. 121 (Adj. Sess.), § 20; 1997, No. 122 (Adj. Sess.), § 1; 1999, No. 58 , § 6; 2003, No. 62 , § 3; see effective date note below; 2009, No. 154 (Adj. Sess.), § 238; 2011, No. 83 (Adj. Sess.), § 1; 2019, No. 77 , § 22, eff. June 19, 2019; 2019, No. 175 (Adj. Sess.), § 24, eff. Oct. 8, 2020.

History

Editor's note. This section was amended by 1997, No. 121 (Adj. Sess.) and by No. 122 (Adj. Sess.); No. 121, § 38, directs that the amendment by that act shall supersede the amendment in No. 122.

Amendments--2019 (Adj. Sess.). Subsection (a): Deleted the former second sentence.

Amendments--2019. Subsec. (a): Inserted "the filing of the complaint and" near the beginning of the first sentence.

Amendments--2011 (Adj. Sess.) Subsec. (b): Substituted "32 V.S.A. chapter 133, subchapter 8" for "subchapter 8, chapter 133 of Title 32" at the end of the last sentence.

Subsec. (c): Rewrote the subsection.

Subsecs. (d) and (e): Deleted.

Amendments--2009 (Adj. Sess.) Substituted "criminal division of the superior court" for "district court" in subsecs. (d) and (e).

Amendments--2003. Subsec. (a): Added second sentence.

Subsec. (d): Added "in the time set forth in subsec. (a) of this section" following "penalty," and ", and a $10.00 surcharge has been added to the penalty" at the end of the second sentence.

Subsec. (e): Added third sentence.

Amendments--1999 Subsec. (a): Substituted "4 V.S.A. § 1107" for "section 1980 of this title" in the first sentence.

Subsec. (e): Substituted "county in which the violation occurred" for "territorial unit where the person resides" at the end of the first sentence.

Amendments--1997 (Adj. Sess.). Substituted "judicial bureau" for "traffic and municipal ordinance bureau" in the catchline, rewrote subsec. (a), and added subsecs. (b)-(e).

Effective date of 2003 amendments. 2003, No. 62 , § 5(b) provides that Sec. 1 [which enacts 24 V.S.A. 901a] and Sec. 3 [which amends this section] shall take effect for actions and omissions occurring on or after July 1, 2003.

§ 1982. Reports.

The Court Administrator shall prepare audits, records, and reports relating to the enforcement of municipal ordinance complaints in the Judicial Bureau.

Added 1993, No. 237 (Adj. Sess.), § 5, eff. Nov. 1, 1994; amended 1997, No. 121 (Adj. Sess.), § 21.

History

Amendments--1997 (Adj. Sess.). Substituted "judicial bureau" for "traffic and municipal ordinance bureau."

§ 1983. Identification to law enforcement officers required.

A law enforcement officer is authorized to detain a person if:
1. the officer has reasonable grounds to believe the person has violated a municipal ordinance; and
2. the person refuses to identify himself or herself satisfactorily to the officer when requested by the officer.
The person may be detained only until the person identifies himself or herself satisfactorily to the officer or is properly identified. If the officer is unable to obtain the identification information, the person shall forthwith be brought before a Criminal Division of the Superior Court judge for that purpose. A person who refuses to identify himself or herself to the court on request shall immediately and without service of an order on the person be subject to civil contempt proceedings pursuant to 12 V.S.A. § 122 .
Added 1997, No. 122 (Adj. Sess.), § 2; amended 2009, No. 154 (Adj. Sess.), § 238; 2013, No. 194 (Adj. Sess.), § 14, eff. June 17, 2014.

History

Amendments--2013 (Adj. Sess.). Subsec. (b): Inserted "or is properly identified" at the end of the first sentence.

Amendments--2009 (Adj. Sess.) Substituted "criminal division of the superior court" for "district court" in subsec. (b).

§ 1984. Conflict of interest prohibition.

1. Each town, city, and incorporated village, by majority vote of those present and voting at an annual or special meeting warned for that purpose, shall adopt a conflict of interest prohibition for its elected and appointed officials, which shall contain: (a) (1) Each town, city, and incorporated village, by majority vote of those present and voting at an annual or special meeting warned for that purpose, shall adopt a conflict of interest prohibition for its elected and appointed officials, which shall contain:
  1. A definition of "conflict of interest."
  2. A list of the elected and appointed officials covered by such prohibition.
  3. A method to determine whether a conflict of interest exists.
  4. Actions that must be taken if a conflict of interest is determined to exist.
  5. A method of enforcement against individuals violating such prohibition.
2. The requirement set forth in subdivision (1) of this subsection shall not apply if, pursuant to the provisions of subdivision 2291(20) of this title, the municipality has established a conflict of interest policy that is in substantial compliance with subdivision (1).
1. Unless the prohibition adopted pursuant to subsection (a) of this section contains a different definition of "conflict of interest," for the purposes of a prohibition adopted under this section, "conflict of interest" means a direct personal or pecuniary interest of a public official, or the official's spouse, household member, business associate, employer, or employee, in the outcome of a cause, proceeding, application, or any other matter pending before the official or before the agency or public body in which the official holds office or is employed. (b) (1) Unless the prohibition adopted pursuant to subsection (a) of this section contains a different definition of "conflict of interest," for the purposes of a prohibition adopted under this section, "conflict of interest" means a direct personal or pecuniary interest of a public official, or the official's spouse, household member, business associate, employer, or employee, in the outcome of a cause, proceeding, application, or any other matter pending before the official or before the agency or public body in which the official holds office or is employed.
2. "Conflict of interest" does not arise in the case of votes or decisions on matters in which the public official has a personal or pecuniary interest in the outcome, such as in the establishment of a tax rate, that is no greater than that of other persons generally affected by the decision.
  Added 1999, No. 82 (Adj. Sess.), § 2; amended 2017, No. 79 , § 14, eff. July 1, 2019.

History

Amendments--2017. Subsec. (a): Amended generally.

Subsec. (b): Added the subdiv. (1) and (2) designations.

CHAPTER 61. REGULATORY PROVISIONS; POLICE POWER OF MUNICIPALITIES

SUBCHAPTER 1. DEFINITIONS FOR CHAPTER

SUBCHAPTER 2. JITNEYS AND TAXIS

SUBCHAPTER 3. JUNKYARDS

SUBCHAPTER 4. RADIO-TELEVISION INTERFERENCE

SUBCHAPTER 5. NUISANCES

SUBCHAPTER 6. CURFEW

SUBCHAPTER 7. SALE OF PRODUCE

SUBCHAPTER 8. RUBBISH AND GARBAGE

SUBCHAPTER 9. TRAILER PARKS

SUBCHAPTER 10. SALVAGE YARDS

SUBCHAPTER 11. MISCELLANEOUS REGULATORY POWERS

SUBCHAPTER 12. SOLID WASTE ORDINANCES

SUBCHAPTER 13. CONDEMNATION; SOLID WASTE MANAGEMENT DISTRICTS

Cross References

Cross references. Municipal recreation systems, see 31 V.S.A. ch. 5.

Municipal regulation of dance halls, bowling alleys, pool halls, and coasting, see 31 V.S.A. ch. 11.

Municipal regulation of entertainment, see 31 V.S.A. ch. 9.

ANNOTATIONS

1. Generally.

Municipal ordinance authorized by legislative act and legally enacted has the face of State law. Eno v. City of Burlington, 125 Vt. 8, 209 A.2d 499 (1965).

Subchapter 1. Definitions for Chapter

§ 2001. Definition.

The term "legislative body" of a municipality, as used in this chapter, shall mean the mayor and board of aldermen of a city, the selectboard of a town, and the president and trustees of an incorporated village. The term "selectboard," as used in this chapter, shall include the mayor and board of aldermen of a city and the president and trustees of an incorporated village. The term "town" shall mean village or city.

History

Source. V.S. 1947, § 3759. P.L. § 3664. 1933, No. 157 , § 3435a. 1931, No. 55 , § 1.

2016 Substituted "selectboard" for "board of selectmen" in the first sentence, and for "selectmen" in the second sentence, in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

ANNOTATIONS

1. Selectboard and trustees.

Although selectboard and trustees are both included in the statutory definition of legislative bodies in this section, they perform many administrative duties. Town of Fair Haven v. Stannard, 111 Vt. 49, 10 A.2d 214 (1939).

Individual municipal board members, as legislators under 24 V.S.A. § 2001, were entitled to absolute immunity from civil liability under 42 U.S.C.S. § 1983 for their legislative activities because their enactment of a challenged public indecency ordinance was a purely legislative function. White River Amusement Pub, Inc. v. Town of Hartford, 412 F. Supp. 2d 416 (D. Vt. 2005), aff'd, 481 F.3d 163, 2007 U.S. App. LEXIS 7150 (2d Cir. Vt. 2007).

Subchapter 2. Jitneys and Taxis

Cross References

Cross references. Compulsory insurance for jitneys, see 23 V.S.A. ch. 11, subch. 2.

§ 2031. Jitneys; regulations; powers.

The legislative branch of a municipality shall have the power to make, establish, alter, amend, or repeal regulations for the operation, parking, soliciting, delivery, or fares in the jitney and taxi business in general within the municipality and to establish penalties for the breach thereof, not to exceed $100.00 for each violation thereof.

Amended 1965, No. 194 , § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 80, eff. April 9, 1974.

History

Source. 1953, No. 122 , § 1.

Amendments--1973 (Adj. Sess.). Deleted the second sentence.

Amendments--1965. Substituted "district court" for "municipal court".

§ 2032. Referendum.

The right of a legislative branch of a municipality to make such regulations shall not take effect until they have been approved and accepted by a majority of the voters of the municipality attending a duly warned regular or special meeting called for that purpose, nor shall such regulations take effect until they are published once a week on the same day for two consecutive weeks in a newspaper published in such municipality or, in the absence thereof, in a newspaper circulating within the county.

History

Source. 1953, No. 122 , § 2.

Subchapter 3. Junkyards

§§ 2061-2066. Repealed. 1961, No. 261, § 17, eff. July 31, 1961.

History

Former §§ 2061-2066. Former §§ 2061-2066, relating to junkyards, were derived from V.S. 1947, §§ 3766-3771; P.L. §§ 3669-3674; 1933, No. 157 , §§ 3411-3445; 1931, No. 88 , §§ 1-6. The subject matter is now covered by subch. 10 of this title.

§§ 2067-2081. Repealed. 1969, No. 98, § 2.

History

Former §§ 2067-2081. Former §§ 2067-2081, relating to junkyards, were derived from 1961, No. 261 , §§ 1-15 and amended by 1963, No. 86 ; 1967, No. 163 , §§ 1-10, 12,13. The subject matter is now covered by subch. 10 of this title.

Subchapter 4. Radio-Television Interference

§ 2091. Complaint.

Upon complaint to the legislative body that some person, firm, or corporation, having authority to transact business in this State, is unreasonably and unnecessarily disturbing or interfering with the reception of radio or television waves used for radio or television transmission, the legislative body, after notice to such person, firm, or corporation, may investigate or cause to be investigated such complaint under such rules and regulations as the legislative body may prescribe as to service of such notice and as to the date of hearing thereon.

History

Source. 1955, No. 157 , § 1. V.S. 1947, § 3773. 1937, No. 58 , § 1. P.L. § 3678. 1933, No. 157 , § 3449. 1931, No. 54 , § 1.

§ 2092. Investigation; notice.

If, upon such investigation, the source and cause of such alleged disturbance or interference is determined, after due notice as provided in section 2091 of this title, the legislative body shall give due notice in writing to the person, firm, or corporation found by such legislative body to be responsible therefor to correct or eliminate the cause of such unnecessary or unreasonable disturbance or interference, within a reasonable time thereafter to be stated in such notice. Such notice may be sent to the person, firm, or corporation affected, by registered mail addressed to the residence or place of business in this State.

History

Source. V.S. 1947, § 3774. 1937, No. 58 , § 2. P.L. § 3679. 1933, No. 157 , § 3450. 1931, No. 54 , § 1.

§ 2093. Penalty.

Within the time fixed in the notice, a person who refuses and neglects to correct or eliminate the cause of the unreasonable disturbance, provided the same is reasonably subject to correction at a cost not to exceed $50.00, and who, after such time, knowingly, willfully, or maliciously continues unreasonably or unnecessarily to disturb the reception of such radio or television waves, shall be fined not more than $50.00.

Amended 1965, No. 194 , § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 81, eff. April 9, 1974.

History

Source. 1955, No. 157 , § 2. V.S. 1947, § 3775. 1937, No. 58 , § 3. P.L. § 3680. 1933, No. 157 , § 3451. 1931, No. 54 , § 2.

Amendments--1973 (Adj. Sess.). Rephrased and deleted the second sentence.

Amendments--1965. Substituted "district court" for "municipal court".

Subchapter 5. Nuisances

§ 2121. Injunctions.

The selectboard of a town in the name and behalf of such town or the town school district therein, as the case may be, and the trustees of an incorporated village, in the name and behalf of such village, may prefer complaint for relief by injunction for the abatement of public nuisances. The Superior Court shall have jurisdiction of such actions.

History

Source. V.S. 1947, § 3765. P.L. § 3668. G.L. § 4135. 1917, No. 254 , § 4069. P.S. § 3607. 1898, No. 154 , § 1.

2016 Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

Revision note - Substituted "complaint" for "a bill in equity" to conform to Rule 3, Vermont Rules of Civil Procedure pursuant to 1971, No. 185 (Adj. Sess.), § 236(d). See note under 4 V.S.A. § 219.

Substituted "superior court" for "court of chancery" pursuant to 1971, No. 185 (Adj. Sess.), § 236(d) and 1973, No. 193 (Adj. Sess.), § 3. See notes under 4 V.S.A. §§ 71 and 219.

Cross References

Cross references. Nuisance suits against agricultural activities, see 12 V.S.A. ch. 195.

Nuisance suits against shooting ranges, see 10 V.S.A. § 5227.

ANNOTATIONS

Analysis

1. Public nuisance.
2. Parties.
3. Pleading.

1. Public nuisance.

While mere violation of village ordinance by moving and altering building without permit does not give rise to remedy in equity, where situation created by such violation amounts to a public nuisance, court of equity has, under this section, jurisdiction to restrain its continuance and enforce its abatement. Village of Bennington v. Hawks, 100 Vt. 37, 134 A. 638 (1926).

2. Parties.

Suit brought in name of village to abate public nuisance, alleged to have been created by moving and altering a building in violation of a village ordinance, properly so brought, as section, authorizing trustees to "prefer" bill, means that they are to bring matter to court's attention by bill in name of village. Village of Bennington v. Hawks, 100 Vt. 37, 134 A. 638 (1926).

3. Pleading.

Where moving and altering building is claimed to be public nuisance, in suit to abate such alleged nuisance rules of good pleading require that particular facts or circumstances that give character to structure be alleged, so that court may see for itself what that character is. Village of Bennington v. Hawks, 100 Vt. 37, 134 A. 638 (1926).

Cited. Town of Fair Haven v. Stannard, 111 Vt. 49, 10 A.2d 214 (1939); Town of Sandgate v. Colehamer, 156 Vt. 77, 589 A.2d 1205 (1990).

Subchapter 6. Curfew

§ 2151. Child welfare.

A municipality may make regulations respecting children under 16 years of age who are allowed to loiter in the streets or other public places. Such regulations shall be conducive to their welfare and to the public good. Such municipality may fix a penalty of not more than $5.00 for each violation of such regulations to be recovered against the person having the custody of such child in a civil action on this statute.

History

Source. V.S. 1947, § 3802. 1947, No. 202 , § 3825. P.L. § 3707. 1933, No. 157 , § 3480. G.L. § 4158. P.S. § 3624. 1900, No. 27 , § 1.

Subchapter 7. Sale of Produce

§ 2181. License not required.

Owners and renters of land shall have the right to vend or sell all products of such land at wholesale or retail, in person or by agent, in towns without obtaining licenses therefor from such towns.

History

Source. V.S. 1947, § 3803. P.L. § 3708. 1933, No. 157 , § 3481. G.L. § 4159. P.S. § 3625. 1896, No. 105 , § 1.

Subchapter 8. Rubbish and Garbage

Cross References

Cross references. Solid waste ordinances, see subch. 12 of this chapter.

Waste management generally, see 10 V.S.A. ch. 159.

§ 2201. Throwing, depositing, burning, and dumping refuse; penalty; summons and complaint.

1. Prohibition. Every person shall be responsible for proper disposal of his or her own solid waste. A person shall not throw, dump, deposit, or cause or permit to be thrown, dumped, or deposited any solid waste as defined in 10 V.S.A. § 6602 , refuse of whatever nature, or any noxious thing in or on lands or waters of the State outside a solid waste management facility certified by the Agency of Natural Resources. (a) (1) Prohibition. Every person shall be responsible for proper disposal of his or her own solid waste. A person shall not throw, dump, deposit, or cause or permit to be thrown, dumped, or deposited any solid waste as defined in 10 V.S.A. § 6602 , refuse of whatever nature, or any noxious thing in or on lands or waters of the State outside a solid waste management facility certified by the Agency of Natural Resources.
2. There shall be a rebuttable presumption that a person who is identifiable from an examination of illegally disposed solid waste is the person who violated a provision of this section.
3. No person shall burn or cause to be burned in the open or incinerate in any container, furnace, or other device any solid waste without:
  1. first having obtained all necessary permits from the Agency of Natural Resources, the District Environmental Commission, and the municipality where the burning is to take place; and
  2. complying with all relevant State and local regulations and ordinances.
Prosecution of violations. A person who violates a provision of this section commits a civil violation and shall be subject to a civil penalty of not more than $800.00.
1. This violation shall be enforceable in the Judicial Bureau pursuant to the provisions of 4 V.S.A. chapter 29 in an action that may be brought by a municipal attorney, a solid waste management district attorney, an environmental enforcement officer employed by the Agency of Natural Resources, a designee of the legislative body of the municipality, or any duly authorized law enforcement officer.
2. If the throwing, placing, or depositing was done from a snowmobile, vessel, or motor vehicle, except a motor bus, there shall be a rebuttable presumption that the throwing, placing, or depositing was done by the operator of the snowmobile, vessel, or motor vehicle.
3. Nothing in this section shall be construed as affecting the operation of an automobile graveyard or salvage yard as defined in section 2241 of this title, nor shall anything in this section be construed as prohibiting the installation and use of appropriate receptacles for solid waste provided by the State or towns.
Roadside cleanup. A person found in violation of this section may be assigned to spend up to 80 hours collecting trash or litter from a specified segment of roadside or from a specified area of public property.
[Repealed.]
Revocation of hunting, fishing, or trapping license. The Commissioner of Fish and Wildlife shall revoke the privilege of a person found in violation of this section from holding a hunting, fishing, or trapping license for a period of one year from the date of the conviction, if the person fails to pay the penalty set forth in subsection (b) of this section. The Bureau shall immediately notify the Commissioner of Fish and Wildlife of the entry of judgment.
[Repealed.]
Amendment of complaint. A person authorized to enforce this section may amend or dismiss a complaint issued by that person by marking the complaint and returning it to the Judicial Bureau. At the hearing, a person authorized to enforce this section may amend or dismiss a complaint issued by that person, subject to the approval of the hearing judge.
[Repealed.]
Applicability. Enforcement actions taken under this section shall in no way preclude the Agency of Natural Resources, the Attorney General, or an appropriate State prosecutor from initiating other or further enforcement actions under the civil, administrative, or criminal enforcement provisions of 10 V.S.A. chapter 23, 47, 159, 201, or 211. To the extent that enforcement under this section is by an environmental enforcement officer employed by the Agency of Natural Resources, enforcement under this section shall preclude other enforcement by the Agency for the same offence.
Definitions. As used in this section:
1. "Motor vehicle" shall have the same meaning as in 23 V.S.A. § 4(21) .
2. "Snowmobile" shall have the same meaning as in 23 V.S.A. § 3801 .
3. "Vessel" means motor boats, boats, kayaks, canoes, sailboats, and all other types of watercraft.
4. "Waters" shall have the same meaning as in 10 V.S.A. § 1251(13) .
  Amended 1961, No. 164 , eff. June 14, 1961; 1965, No. 62 , eff. May 19, 1965; 1967, No. 90 , § 1, eff. July 1, 1969; 1969, No. 287 (Adj. Sess.), § 1, eff. Sept. 1, 1970; 1971, No. 245 (Adj. Sess.), §§ 1, 2, eff. April 6, 1972; 1989, No. 286 (Adj. Sess.), § 4; 1999, No. 63 , § 3; 1999, No. 160 (Adj. Sess.), § 29; 2005, No. 23 , § 1; 2009, No. 56 , § 3; 2013, No. 117 (Adj. Sess.), § 1; 2017, No. 93 (Adj. Sess.), § 22; 2017, No. 130 (Adj. Sess.), § 15.

History

Source. 1951, No. 73 . V.S. 1947, § 3772. 1937, No. 110 , § 1.

2018. The text of subsec. (b) of this section is based on a correlation of two amendments. During the 2017 (Adj. Sess.) session, subsec. (b) was amended twice, by Act Nos. 93 and 130. In order to reflect all of these amendments, the text of Act Nos. 93 and 130 was merged to arrive at a single version of the subsec.

Amendments--2017 (Adj. Sess.). Subsec. (b): Act Nos. 93 and 130 added the subdiv. (1)-(3) designations.

Subsec. (b): In the introductory par., Act No. 130 substituted "$800.00" for "$500.00" following "not more than".

Subdiv. (b)(1): Act No. 93 deleted "grand juror," following "Agency of Natural Resources".

Amendments--2013 (Adj. Sess.). Subdiv. (a)(1): Inserted "in or on lands or waters of the State" following "or any noxious thing".

Subdiv. (a)(2): Substituted "There shall be a rebuttable presumption" for "It shall be prima facie evidence" at the beginning.

Subsec. (b): In the third sentence inserted "snowmobile, vessel, or" twice and substituted "there shall be a rebuttable presumption" for "it shall be prima facie evidence" following "except a motor bus," and "operator" for "driver" following "depositing was done by the".

Subsec. (d): Repealed.

Subsec. (e): Added the subsection heading and substituted ", fishing, or trapping license" for "or, fishing license, or both," following "hunting".

Subsec. (i): Inserted "Applicability." at the beginning.

Subsec. (j): Added.

Amendments--2009. Subsec. (b): Substituted "salvage yard" for "junkyard" in the last sentence.

Amendments--2005. Inserted "burning," following "depositing" in the section catchline, rewrote subsec. (a), inserted "environmental enforcement officer employed by the agency of natural resources," preceding "grand juror" in the second sentence and deleted the last sentence in subsec. (b), and added subsec. (i).

Amendments--1999 (Adj. Sess.). Deleted subsecs. (f) and (h).

Amendments--1999. Section amended generally.

Amendments--1989 (Adj. Sess.). Subsec. (a): Inserted "plastic, solid waste as defined in 10 V.S.A. § 6602" preceding "junk".

Subsec. (c): Amended generally.

Subsec. (e): Substituted "wildlife" for "game" following "fish and" in the first and second sentences.

Amendments--1971 (Adj. Sess.). Subsec. (b): Provided for imprisonment, excepted recycling centers and automobile graveyards, and substituted reference to sections 2241 and 2202 for 2068 and 2201a.

Subsecs. (c)-(e): Added.

Amendments--1969 (Adj. Sess.). Omitted provisions relating to owners consent and divided original sections into two paragraphs.

Amendments--1967. Section amended generally and increased fine to "not more than $100.00 nor less than $20.00" from "not more than $50.00 nor less than $10.00".

Amendments--1965. Added last sentence.

Amendments--1961. Expanded places where dumping is prohibited from waters adjoining a public highway without the consent of the owners of such waters to cover any waters of this State or the shores or banks thereof, and inserted reference to 10 V.S.A. § 954.

Exceptions. 1967, No. 90 , § 4, eff. July 1, 1969, provided: "Nothing in this act [which amended this section, section 2202 and added section 2201a] shall be construed as prohibiting kitchen type disposals, home incinerators or private dumps if those private dumps comply with section 1 [24 V.S.A. § 2201] of this act."

Cross References

Cross references. Enforcement of section by deputy game wardens, see 10 V.S.A. § 4192.

Enforcement of section by investigators of Department of Environmental Conservation, see 10 V.S.A. § 906.

ANNOTATIONS

1. Refuse.

Junk or old motor vehicles are not included within the meaning of the term "refuse" as that term is used in this section. 1972-74 Op. Atty. Gen. 146.

Cited. State v. Bradley, 145 Vt. 492, 494 A.2d 129 (1985).

§ 2201a. Depositing household and commercial trash in roadside and park litter barrels.

A person shall not use trash containers which are provided for travel trash at State parks, public picnic and rest areas, and roadside turnouts as dumping places for household garbage, household trash, farm waste, or commercial waste materials or deposit such garbage, trash, or waste material on or near any spot commonly used for picnic purposes.
A person who violates a provision of this section shall be fined not more than $200.00 or may work a total of not more than 40 hours collecting trash or litter from roadsides or other public property under such supervision as the court may direct.
Added 1983, No. 210 (Adj. Sess.).

§ 2202. Repealed. 1977, No. 106, § 4.

History

Former § 2202. Former § 2202, relating to sanitary land fills, was derived from 1967, No. 90 , § 2, and amended by 1969, No. 2 ; 1969, No. 2 87 (Adj. Sess.), § 2.

ANNOTATIONS

1. Refuse.

Junk or old motor vehicles are not included within the meaning of the term "refuse" as that term is used in this section. 1974 Op. Atty. Gen. 146.

§ 2202a. Municipalities - Responsibilities for solid waste.

Municipalities are responsible for the management and regulation of the storage, collection, processing, and disposal of solid wastes within their jurisdiction in conformance with the State Solid Waste Management Plan authorized under 10 V.S.A. chapter 159. Municipalities may issue exclusive local franchises and may make, amend, or repeal rules necessary to manage the storage, collection, processing, and disposal of solid waste materials within their limits and impose penalties for violations thereof, provided that the rules are consistent with the State Plan and rules adopted by the Secretary of Natural Resources under 10 V.S.A. chapter 159. A fine may not exceed $1,000.00 for each violation. This section shall not be construed to permit the existence of a nuisance.
Municipalities may satisfy the requirements of the State Solid Waste Management Plan and the rules of the Secretary of Natural Resources through agreement between any other unit of government or any operator having a permit from the Secretary, as the case may be.
1. On or before July 1, 1988, each municipality, as defined in subdivision 4303(12) of this title, shall join or participate in a solid waste management district organized pursuant to chapter 121 of this title on or before January 1, 1988 or participate in a regional planning commission's planning effort for purposes of solid waste implementation planning, as implementation planning is defined in 10 V.S.A. § 6602 . (c) (1) On or before July 1, 1988, each municipality, as defined in subdivision 4303(12) of this title, shall join or participate in a solid waste management district organized pursuant to chapter 121 of this title on or before January 1, 1988 or participate in a regional planning commission's planning effort for purposes of solid waste implementation planning, as implementation planning is defined in 10 V.S.A. § 6602 .
2. On or before July 1, 1990, each regional planning commission shall work on a cooperative basis with municipalities within the region to prepare a solid waste implementation plan for adoption by all of the municipalities within the region that are not members of a solid waste district, that conforms to the State Waste Management Plan and describes in detail how the region will achieve the priorities established by 10 V.S.A. § 6604(a) (1). A solid waste implementation plan adopted by a municipality that is not a member of a district shall not in any way require the approval of a district. On or before July 1, 1990, each solid waste district shall adopt a solid waste implementation plan that conforms to the State Waste Management Plan, describes in detail how the district will achieve the priorities established by 10 V.S.A. § 6604(a) , and is in conformance with any regional plan adopted pursuant to chapter 117 of this title. Municipalities or solid waste management districts that have contracts in existence as of January 1, 1987, which contracts are inconsistent with the State Solid Waste Plan and the priorities established in 10 V.S.A. § 6604(a), shall not be required to breach those contracts, provided they make good faith efforts to renegotiate those contracts in order to comply. The Secretary may extend the deadline for completion of a plan upon finding that despite good faith efforts to comply, a regional planning commission or solid waste management district has been unable to comply, due to delays in completion of a landfill evaluation under 10 V.S.A. § 6605a .
3. A municipality that does not join or participate as provided in this subsection shall not be eligible for State funds to plan and construct solid waste facilities, nor can it use facilities certified for use by the region or by the solid waste management district.
4. A regional plan or a solid waste implementation plan shall include a component for the management of nonregulated hazardous wastes.
  1. At the outset of the planning process for the management of nonregulated hazardous wastes and throughout the process, solid waste management districts or regional planning commissions, with respect to areas not served by solid waste management districts, shall solicit the participation of owners of solid waste management facilities that receive mixed solid wastes, local citizens, businesses, and organizations by holding informal working sessions that suit the needs of local people. At a minimum, an advisory committee composed of citizens and business persons shall be established to provide guidance on both the development and implementation of the nonregulated hazardous waste management plan component.
  2. The regional planning commission or solid waste management district shall hold at least two public hearings within the region or district after public notice on the proposed plan component or amendment.
  3. The plan component shall be based upon the following priorities, in descending order:
    1. the elimination or reduction, whenever feasible, in the use of hazardous, particularly toxic, substances;
    2. reduction in the generation of hazardous waste;
    3. proper management of household and exempt small quantity generator hazardous waste; and
    4. reduction in the toxicity of the solid waste stream, to the maximum extent feasible in accordance with the priorities of 10 V.S.A. § 6604(a)(1) .
  4. At a minimum, this plan component shall include the following:
    1. an analysis of preferred management strategies that identifies advantages and disadvantages of each option;
    2. an ongoing educational program for schools and households, promoting the priorities of this subsection;
    3. an educational and technical assistance program for exempt small quantity generators that provides information on the following: use and waste reduction; preferred management strategies for specific waste streams; and collection, management, and disposal options currently or potentially available;
    4. a management program for household hazardous waste;
    5. a priority management program for unregulated hazardous waste streams that present the greatest risks;
    6. a waste diversion program element that is coordinated with any owners of solid waste management facilities and is designed to remove unregulated hazardous waste from the waste stream entering solid waste facilities and otherwise to properly manage unregulated hazardous waste; and
    7. a waste management system established for all the waste streams banned from landfills under 10 V.S.A. § 6621a .
  5. For the purposes of this subsection, nonregulated hazardous wastes include hazardous wastes generated by households and exempt small quantity generators as defined in the hazardous waste management regulations adopted under 10 V.S.A. chapter 159.
By no later than July 1, 2015, a municipality shall implement a variable rate pricing system that charges for the collection of municipal solid waste from a residential customer for disposal based on the volume or weight of the waste collected.
The education and outreach requirements of this section need not be met through direct mailings, but may be met through other methods such as television and radio advertising; use of the Internet, social media, or electronic mail; or the publication of informational pamphlets or materials.
Added 1977, No. 106 , § 3; amended 1987, No. 76 , § 18; 1987, No. 78 , § 3; 1989, No. 281 (Adj. Sess.), § 6, eff. June 22, 1990; 1989, No. 282 (Adj. Sess.), § 5, eff. June 22, 1990; 1989, No. 286 (Adj. Sess.), § 12, eff. June 22, 1990; 1991, No. 100 , § 12; 1993, No. 81 , § 5; 2011, No. 148 (Adj. Sess.), § 11; 2017, No. 74 , § 96.

History

Reference in text. 10 V.S.A. 6603b(a), referred to in subdiv. (c)(2), was repealed pursuant to 1993, No. 59 , § 24 and No. 81, § 7(a), effective December 31, 1993.

2005. 24 V.S.A. § 4303(4), referred to in subsec. (c)(1), was changed to 24 V.S.A. § 4304(12), pursuant to amendment of that section by 2003, No. 115 (Adj. Sess.), § 83.

Amendments--2017. Subsec. (c): Substituted "on or before" for "no later than" throughout.

Subdiv. (c)(2): In the fifth sentence, deleted "the unavailability of planning assistance funds under 10 V.S.A. § 6603b(a) or" preceding "delays".

Amendments--2011 (Adj. Sess.). Section amended generally.

Amendments--1993. Subsec. (a): Deleted "and" preceding "collection" in the first and second sentences, inserted "processing and disposal" thereafter in the first sentence and inserted "processing, and disposal" thereafter in the second sentence and made other minor changes in punctuation in the first and second sentences, and substituted "$1,000.00" for "$100.00" following "exceed" in the third sentence.

Subdiv. (c)(2): Added the second sentence.

Amendments--1991. Subdiv. (c)(4): Added.

Amendments--1989 (Adj. Sess.). Subdiv. (c)(1): Act Nos. 281 and 286 deleted "or shall join a regional commission" following "January 1, 1988" and substituted "implementation planning, as implementation planning is defined in 10 V.S.A. § 6602" for "planning" at the end of the subdivision.

Subdiv. (c)(2): Act No. 281 substituted "work on a cooperative basis with municipalities within the region to prepare a solid waste implementation plan for adoption by all of the municipalities within the region which are not members of a solid waste district" for "adopt a utility and facility element, as defined in 24 V.S.A. § 4348a, for refuse disposal" following "commission shall" in the first sentence, rewrote the second sentence, and added the third sentence.

Act No. 286 rewrote the second and third sentences as the second sentence.

Subdiv. (c)(4): Added by Act No. 282.

Repealed by Act No. 286.

Subdiv. (c)(5): Added by Act No. 282.

Repealed by Act No. 286.

Amendments--1987. Subsec. (a): Act No. 76 substituted "agency of natural resources" for "agency of environmental conservation" following "secretary of the" in the second sentence.

Subsec. (b): Act No. 76 substituted "agency of natural resources" for "agency of environmental conservation" preceding "through agreement".

Subsec. (c): Added by Act No. 78.

Supersession of 1989, No. 281 (Adj. Sess.) and No. 282 (Adj. Sess.) amendments. 1989, No. 286 (Adj. Sess.), § 13, provided that the amendment to subsection (c) of this section by section 12 of the act shall supersede the amendments to subsection (c) of this section by 1989, No. 281 (Adj. Sess.), § 6 and No. 282 (Adj. Sess.), § 5.

Cross References

Cross references. Condemnation of property by solid waste management districts for construction of sanitary landfill site, see subch. 13 of this chapter.

Loans to municipalities for planning and construction of solid waste handling and disposal facilities generally, see ch. 120 of this title.

ANNOTATIONS

Analysis

1. State preemption.
2. Franchises.
3. Fees.
4. Regional plan.
5. Lined and unlined landfills.
6. Contracts.

1. State preemption.

Where the statutory scheme of waste disposal as enacted by the State did not require each town to operate a sanitary landfill but contemplated a variety of solutions, including cooperation, action with another unit of government, or agreement with a private operator who has a State permit to operate, the preemption doctrine did not apply to a zoning ordinance that had effect only of prohibiting operation of a sanitary landfill in a particular zoning district and a particular location based on the proposal of a particular applicant. In re Patch, 140 Vt. 158, 437 A.2d 121 (1981).

2. Franchises.

Language of subsection (a) of this section allowing municipalities to issue local franchises for storage and collection of solid waste did not authorize city to issue exclusive franchises. Central Vermont Quality Services, Inc. v. City of Rutland, 780 F. Supp. 218 (D. Vt. 1991).

Franchise system established by city for collection and recycling of solid waste was not authorized by this section, where section required that municipal regulations involving solid waste conform with State Plan, and State Plan established that planning and implementation of recycling efforts be done at the regional level through a formal legal entity such as a solid waste district. Central Vermont Quality Services, Inc. v. City of Rutland, 780 F. Supp. 218 (D. Vt. 1991).

3. Fees.

Solid waste management district had authority under its charter to set fees for solid waste disposal within its district. Northwest Vermont Solid Waste Management District v. Central Vermont Solid Waste Management District, 159 Vt. 61, 614 A.2d 816 (1992).

Where solid waste management district's charter provided that it could establish tipping fees for purpose of generating revenues, tipping fees for disposal of solid waste within its district were permissible as a tax. Northwest Vermont Solid Waste Management District v. Central Vermont Solid Waste Management District, 159 Vt. 61, 614 A.2d 816 (1992).

4. Regional plan.

Solid waste management district's preparation and adoption of its regional plan for disposal of solid waste provided a service to all generators who disposed of waste in its district by making disposal and other waste management facilities available for their use. Northwest Vermont Solid Waste Management District v. Central Vermont Solid Waste Management District, 159 Vt. 61, 614 A.2d 816 (1992).

5. Lined and unlined landfills.

Collateral estoppel does not bar the plaintiff's claim of action concerning lined landfills; similar litigation was focused on unlined landfills but Vermont statutes make a distinction between the two, and such distinction is relevant enough to preserve plaintiff's claim. Valley Disposal, Inc. v. Central Vermont Solid Waste Management District, 31 F.3d 89 (2d Cir. 1994).

6. Contracts.

Town's ability to pledge its cooperation to further the goals of a host town agreement with a solid waste district was implicit in the town's statutorily authorized ability to exercise its powers to contract with third parties for the siting, construction, and operation of waste disposal facilities. Gade v. Chittenden Solid Waste Dist., 187 Vt. 7, 989 A.2d 491 (2009).

All that a town did was promise to support a solid waste district in its permit applications and give its warranty of good faith with regard to the town plan; the agreement did not promise the success of these applications and explicitly left all independent permitting procedures intact. The town's actions did not amount to a delegation of any legislatively derived power; further, the town was exercising the very power that the Legislature explicitly intended it to exercise. Gade v. Chittenden Solid Waste Dist., 187 Vt. 7, 989 A.2d 491 (2009).

Vermont Legislature has authorized municipalities to enter into contracts with a waste disposal district for the siting and management of landfills; it is the Legislature's intent to support long-term contracts between municipalities and third parties for the management of waste disposal. Indeed, the purpose of the applicable statutes is to encourage towns to develop long-term plans for the disposal of solid waste that are safe, efficient, and environmentally sound. Gade v. Chittenden Solid Waste Dist., 187 Vt. 7, 989 A.2d 491 (2009).

§ 2203. Repealed. 1977, No. 106, § 4.

History

Former § 2203. Former § 2203, relating to regulation of garbage disposal, was derived for 1949, No. 80 and amended by 1963, No. 194 , § 10; 1967, No. 90 , § 3.

ANNOTATIONS

Analysis

1. Construction.
2. Construction with other laws.
3. Permits.
4. Notice and hearing.

1. Construction.

This section conferred broad powers on towns and villages to regulate garbage and refuse disposal within the limits of the municipality, with authority to impose penalties for violations. In re St. George, 125 Vt. 408, 217 A.2d 45 (1966).

2. Construction with other laws.

The regulation of refuse disposal under this section is in pare materia with zoning statutes under chapter 67 of this title. In re St. George, 125 Vt. 408, 217 A.2d 45 (1966).

3. Permits.

Issuance of a permit under this section for operation of a landfill involves questions as to the effect on adjoining properties and therefore is more than a license to be granted or withheld solely as a matter of administrative discretion. In re St. George, 125 Vt. 408, 217 A.2d 45 (1966).

4. Notice and hearing.

Fact that this section did not specifically provide for notice and hearing does not eliminate the necessity of adherence to these requirements of due process. In re St. George, 125 Vt. 408, 217 A.2d 45 (1966).

Selectboard, in making quasi-judicial determination under this section, is bound by the requirements of due process and must give adequate notice of their deliberations and afford a reasonable opportunity for interested parties to be heard. In re St. George, 125 Vt. 408, 217 A.2d 45 (1966).

Writ of certiorari will issue to require selectboard to give proper notice and right to be heard to parties interested in proceedings under this section. In re St. George, 125 Vt. 408, 217 A.2d 45 (1966).

§ 2203a. Municipal disposal.

Each town and city shall provide for the operation and maintenance of any of the following: sanitary landfills, incinerators, recycling centers, intermediate processing facilities, composting plants, or resource recovery facilities or a combination thereof as the exclusive means for disposal of solid waste, as defined in 10 V.S.A. § 6602 , subject to the rules and guidelines promulgated by the Secretary of the Agency of Natural Resources.

Added 1977, No. 106 , § 3; amended 1985, No. 231 (Adj. Sess.), § 1; 1987, No. 76 , § 18.

History

Amendments--1987. Substituted 'agency of natural resources' for 'agency of environmental conservation' at the end of the section.

Amendments--1985 (Adj. Sess.). Inserted "any of the following" preceding "sanitary" and "recycling centers, intermediate processing facilities" preceding "composting" and substituted "solid waste, as defined in 10 V.S.A. § 6602" for "refuse" preceding "subject".

Cross References

Cross references. Landfill disposal requirements, see 10 V.S.A. § 6621a.

§ 2203b. Recycling centers.

Whether or not a municipality provides for the operation and maintenance of a recycling center or intermediate processing facility pursuant to section 2203a of this title, the municipality may establish requirements for the management of such a center or facility.
[Repealed.]
For the purposes of Titles 10, 24, and 32, recycling means the process of utilizing waste for the production of raw materials or products, but shall not include processing solid waste to produce energy or fuel products.
The provisions of this section shall not apply to hazardous waste.
Added 1985, No. 231 (Adj. Sess.), § 2; 1999, No. 63 , § 6.

History

Amendments--1999. Rewrote the section catchline and subsec. (a), deleted subsec. (b), and substituted "Titles 10, 24, and 32" for "this section" preceding "recycling means" and deleted "solid" following "utilizing" in subsec. (c).

§ 2204. Repealed. 1979, No. 47, § 1(1), eff. April 25, 1979.

History

Former § 2204. Former § 2204, relating to disposal of waste collected out-of-state, was derived from 1969, No. 36 , § 1.

§ 2205. Repealed. 1979, No. 47, § 1(2), eff. April 25, 1979.

History

Former § 2205. Former § 2205, relating to exceptions to § 2204, was derived from 1969, No. 36 , § 2, and amended by 1977, No. 106 , § 6.

§ 2206. Recycling centers.

The Secretary of Natural Resources shall develop a State plan for the establishment and operation of solid waste recycling centers sufficient to meet the need for solid waste recycling throughout the State. In developing a State plan, the Secretary may establish pilot or demonstration projects for the purpose of determining equitable regions or methods for solid waste recycling. Pursuant to such plan, the Secretary shall establish and operate or contract for the establishment and operation of a solid waste recycling center within each town, or within each administrative district created pursuant to 3 V.S.A. § 4001 , or within such other regions as he or she deems reasonable to efficiently utilize solid waste recycling facilities at locations determined by him or her with the approval of the legislative body of the town in which the facility is to be located. Each recycling center shall be used for the storage, processing, and sale or disposal of solid waste. The Secretary may purchase, lease, or rent land or designate land owned by the State or any agency or department thereof for use as recycling centers.
The Secretary is authorized to contract in the name of the State for the service of independent contractors under bond or with an agency or department of the State or a town to operate the recycling centers or to collect solid waste and deliver it to a recycling center.
The Secretary shall adopt rules pursuant to 3 V.S.A. chapter 25 to implement the provisions of this section.
[Omitted.]
Added 1971, No. 252 (Adj. Sess.), § 2; amended 2015, No. 23 , § 124.

History

Revision note. At the beginning of the first sentence of subsec. (a), substituted "secretary of natural resources" for "secretary of environmental conservation" pursuant to 1987, No. 76 , § 18.

Provisions of subsec. (d) relating to report to General Assembly were omitted as executed.

Amendments--2015 Subsec. (c): Substituted "adopt" for "promulgate" preceding "rules" and "3 V.S.A. chapter 25" for "chapter 25 of Title 3".

Prior law. 24 V.S.A. § 2205.

Cross References

Cross references. Limitations on municipal control over recycling of solid wastes, see § 2203b of this subchapter.

Law review commentaries

Law review. For note, "Slowing the Rush to Burn: The Need to Revise Federal Municipal Solid Waste Policy to Prioritize Recycling over Incineration", see 19 Vt. L. Rev. 891 (1995).

Subchapter 9. Trailer Parks

History

Repeal of municipal ordinance. 2007, No. 120 (Adj. Sess.), § 1(b) provides: "A municipal ordinance adopted under subchapter 9 of chapter 61 of Title 24 prior to July 1, 2008 shall remain in effect until July 1, 2010, unless repealed by the municipality prior to that date."

Cross References

Cross references. State regulation of mobile home parks, see 10 V.S.A. ch. 153.

§§ 2231-2233. Repealed. 2007, No. 120 (Adj. Sess.), § 1(a).

History

Former §§ 2231-2233. Former § 2231, relating to trailer park ordinance authorization, was derived from 1957, No. 281 , § 1.

Former § 2232, relating to ordinance and form, was derived from 1957, No. 281 , § 2.

Former § 2233, relating to when ordinance effective, was derived from 1957, No. 281 , § 3.

Annotations From Former § 2231

Cited. City of Rutland v. Keiffer, 124 Vt. 357, 205 A.2d 400 (1964).

Annotations From Former § 2232

1. Purpose.

Legislature did not intend that this section, specifying the provisions for a local option trailer park ordinance where the municipality had not enacted "a zoning ordinance" under chapter 67 of this title, would prevent a municipality which had previously adopted a zoning ordinance that did not regulate and license mobile home parks from enacting a trailer park ordinance under section 2231 of this title. City of Rutland v. Keiffer, 124 Vt. 357, 205 A.2d 400 (1964).

Trailer park ordinance enacted by municipality pursuant to this section and section 2231 of this title required that owner of pre-existing trailer park apply for and obtain a license as specified in the ordinance. City of Rutland v. Keiffer, 124 Vt. 357, 205 A.2d 400 (1964).

2. Construction with other laws.

The zoning law under chapter 67 of this title and this section and section 2231 of this title concerning regulation and licensing of trailer and mobile home parks are pari materia. City of Rutland v. Keiffer, 124 Vt. 357, 205 A.2d 400 (1964).

3. Law governing.

The status of an individual trailer unit as a dwelling house under original zoning ordinance is solely dependent upon interpretation of original ordinance, unaided by any definition in a subsequent amendment. City of Rutland v. Keiffer, 124 Vt. 357, 205 A.2d 400 (1964).

Where original zoning ordinance did not regulate house trailer or mobile home parks and specified that renting of space for automobile trailers was a permissible use, original ordinance did not apply to individual units in trailer park and defendant's trailer park was therefore in compliance with original ordinance if the park as a whole met set-back and side yard provisions of the ordinance. City of Rutland v. Keiffer, 124 Vt. 357, 205 A.2d 400 (1964).

4. Legislative intent.

Where there was no reference to house trailers or mobile home parks in original zoning ordinance, and amendment specifically related to house trailers and mobile home parks, it is clear that there was no intention in the original ordinance to regulate or control house trailer or mobile home parks. City of Rutland v. Keiffer, 124 Vt. 357, 205 A.2d 400 (1964).

The Legislature meant "enacted such a zoning ordinance" when it provided under this section that the trailer ordinance would be substantially as specified in municipalities that have not "enacting a zoning ordinance", and intended by this provision to refer to a zoning ordinance that regulated and licensed trailer parks. City of Rutland v. Keiffer, 124 Vt. 357, 205 A.2d 400 (1964).

Cited. Vermont Agency of Transportation v. Sumner, 142 Vt. 577, 460 A.2d 446 (1983).

Annotations From Former § 2233

1. Warning.

Where the only object of a questioned article in warning for town meeting was to decide whether an ordinance to regulate trailer parks in the town would be enacted as authorized and set forth in the statute, and legal voters could not help but understand that a vote was to be taken on the question, the article was proper. Town of Milton v. Bert's Mobile Home Park, Inc., 129 Vt. 395, 278 A.2d 754 (1971).

Subchapter 10. Salvage Yards

History

Amendments--2009 2009, No. 56 , § 2, substituted "Salvage Yards" for "Junkyards" in the subchapter heading.

ANNOTATIONS

1. Applicability .

The Legislature intended the licensing and screening requirements of this chapter to apply only to persons engaged in the active operation of a junkyard business. Vermont Agency of Transportation v. Sumner, 142 Vt. 577, 460 A.2d 446 (1983).

Cited. Nichols v. Agency of Environmental Conservation, 160 Vt. 620, 627 A.2d 858 (mem.) (1993); Valley Disposal, Inc. v. Central Vermont Solid Waste Management District,, 31 F.3d 89 (2d Cir. 1994); In re Sullivan County Regional Refuse Disposal District, 165 B.R. 60 (Bankr. D.N.H. 1994).

Valley Disposal, Inc. v. Central Vermont Solid Waste Management District, 31 F.3d 89 (2d Cir. 1994).

DIVISION 01. General Provisions

§ 2241. Definitions.

For the purposes of this subchapter:

"Abandoned" means a motor vehicle as defined in 23 V.S.A. § 2151 .
"Board" means the State Transportation Board or its duly delegated representative.
"Highway" means any highway as defined in 19 V.S.A. § 1 .
"Interstate or primary highway" means any highway, including access roads, ramps, and connecting links, which have been designated by the State with the approval of the Federal Highway Administration, Department of Transportation, as part of the National System of Interstate and Defense Highways, or as a part of the National System of Primary Highways.
"Junk" means old or scrap copper, brass, iron, steel, and other old or scrap or nonferrous material, including rope, rags, batteries, glass, rubber debris, waste, trash, or any discarded, dismantled, wrecked, scrapped, or ruined motor vehicles or parts thereof.
"Junk motor vehicle" means a discarded, dismantled, wrecked, scrapped, or ruined motor vehicle or parts thereof, or a motor vehicle, other than an on-premise utility vehicle, which is allowed to remain unregistered or uninspected for a period of 90 days from the date of discovery.
"Salvage yard" means any place of outdoor storage or deposit for storing, keeping, processing, buying, or selling junk or as a scrap metal processing facility. "Salvage yard" also means any outdoor area used for operation of an automobile graveyard. It does not mean a garage where wrecked or disabled motor vehicles are stored for less than 90 days for inspection or repairs.
"Legislative body" means the city council of a city, the selectboard of a town, or the board of trustees of a village.
"Main traveled way" means the portion of a highway designed for the movement of motor vehicles, shoulders, auxiliary lanes, and roadside picnic, parking, rest, and observation areas and other areas immediately adjacent and contiguous to the traveled portion of the highway and designated by the Transportation Board as a roadside area for the use of highway users and generally but not necessarily located within the highway right-of-way.
"Motor vehicle" means any vehicle propelled or drawn by power other than muscular power, including trailers.
"Notice" means by certified mail with return receipt requested.
"Scrap metal processing facility" means a manufacturing business which purchases sundry types of scrap metal from various sources including the following: industrial plants, fabricators, manufacturing companies, railroads, junkyards, auto wreckers, salvage dealers, building wreckers, and plant dismantlers and sells the scrap metal in wholesale shipments directly to foundries, ductile foundries, and steel foundries where the scrap metal is melted down and utilized in their manufacturing process.
"Secretary" means the Secretary of Natural Resources or the Secretary's designee.
"Automobile hobbyist" means a person who is not primarily engaged in the business of:
1. selling motor vehicles or motor vehicle parts; or
2. accepting, storing, or dismantling junk motor vehicles.
"Automobile graveyard" means a yard, field, or other outdoor area on a property owned or controlled by a person and used or maintained for storing or depositing four or more junk motor vehicles. "Automobile graveyard" does not include:
1. an area used by an automobile hobbyist to store, organize, restore, or display motor vehicles or parts of such vehicles, provided that the hobbyist's activities comply with all applicable federal, State, and municipal law;
2. an area used for the storage of motor vehicles exempt from registration under 23 V.S.A. chapter 7;
3. an area owned or used by a dealer registered under 23 V.S.A. § 453 for the storage of motor vehicles; or
4. an area used or maintained for the parking or storage of operational commercial motor vehicles, as that term is defined in 23 V.S.A. § 4103(4) , that are temporarily out of service and unregistered but are expected to be used in the future by the vehicle operator or owner.
  Added 1969, No. 98 , § 1; amended 1971, No. 36 , § 1, eff. April 1, 1971; 1973, No. 164 (Adj. Sess.), § 2, eff. July 1, 1974; 1983, No. 185 (Adj. Sess.), § 1; 2003, No. 101 (Adj. Sess.), § 2; 2009, No. 56 , § 4; 2009, No. 93 (Adj. Sess.), § 2; 2013, No. 161 (Adj. Sess.), § 72.

History

2013. In subdivision (5), deleted "but not limited to" following "including" in accordance with 2013, No. 5 , § 4.

Amendments--2009 (Adj. Sess.) In subdiv. (6), substituted "a motor vehicle" for "one", and inserted "or uninspected" following "unregistered"; in subdiv. (7), substituted "outdoor area used for operation of an automobile graveyard" for "place of outdoor storage or deposit, not in connection with a business which is maintained or used for storing or keeping four or more junk motor vehicles which are visible from any portion of a public highway or navigable water, as that term is defined in section 1422 of Title 10" in the second sentence; added subdivs. (14) and (15); and made minor stylistic changes throughout the section.

Amendments--2009. Subdiv. (7): Amended generally.

Subdiv. (13): Added.

Amendments--2003 (Adj. Sess.) Subdiv. (1): Substituted "as defined in 23 V.S.A. § 2151" for "without claimed ownership for thirty days".

Amendments--1983 (Adj. Sess.). Subdiv. (2): Substituted "transportation" for "highway" following "state".

Subdiv. (7): Deleted "whether in connection with a business or not" preceding "which is maintained, operated or used" and inserted "in connection with a business" thereafter in the first sentence and added the second sentence.

Subdiv. (9): Substituted "transportation" for "highway" preceding "board".

Amendments--1973 (Adj. Sess.). Subdiv. (1): Substituted "thirty days" for "six months".

Subdivs. (2)-(12): Deleted former subdiv. (2), rewrote former subdiv. (3)-(12) as subdivs. (2)-(11), and added a new subdiv. (12).

Amendments--1971. Subdiv. (8): Exempted private garbage dumps and sanitary landfills.

ANNOTATIONS

Cited. Town of Sandgate v. Colehamer, 156 Vt. 77, 589 A.2d 1205 (1990); Reid v. Town of Charlotte, 160 Vt. 606, 648 A.2d 813 (mem.) (1993).

§ 2242. Requirement for operation or maintenance.

A person shall not operate, establish, or maintain a salvage yard unless he or she:
1. holds a certificate of approval for the location of the salvage yard; and
2. holds a certificate of registration issued by the Secretary to operate, establish, or maintain a salvage yard.
The issuance of a certificate of registration under subsection (a) of this section shall not relieve a salvage yard from the obligation to comply with existing State and federal environmental laws and to obtain all permits required under State or federal environmental law.
The Secretary may require a person to obtain a salvage yard certificate of registration under this section upon a determination, based on available information, that the person has taken action to circumvent the requirements of this subchapter.
Added 1969, No. 98 , § 1; amended 1983, No. 185 (Adj. Sess.), § 2; 2009, No. 56 , § 5; 2009, No. 93 (Adj. Sess.), § 3.

History

Amendments--2009 (Adj. Sess.) Subsec. (c): Added.

Amendments--2009. Section amended generally.

Amendments--1983 (Adj. Sess.). Subdiv. (2): Inserted "establish or maintain" preceding "a junkyard" and deleted "business" thereafter.

ANNOTATIONS

Analysis

1. Construction.
2. Junkyard business.
3. Evidence.

1. Construction.

There is no language in this section or in section 2257 of this title, governing screening of junkyard, that requires the Agency of Transportation to prove that a junkyard constitutes a public danger or a nuisance before its owner can be compelled to obtain a junkyard license and comply with the screening requirements. Vermont Agency of Transportation v. Sumner, 142 Vt. 577, 460 A.2d 446 (1983).

2. Junkyard business.

Where defendant maintained a private automobile graveyard from which he took parts to repair vehicles used in his business of trucking sawdust and lime, defendant was not engaged in the junkyard business; therefore, he did not violate this section or section 2257 of this title, governing screening of junkyard. Vermont Agency of Transportation v. Sumner, 142 Vt. 577, 460 A.2d 446 (1983).

3. Evidence.

Trial court's award of injunctive relief to town under this section could not be affirmed, where trial court had found on inadequate record that defendant lacked a junkyard license. Town of Sandgate v. Colehamer, 156 Vt. 77, 589 A.2d 1205 (1990).

Cited. Reid v. Town of Charlotte, 160 Vt. 606, 648 A.2d 813 (mem.) (1993).

§ 2243. Administration; duties and authority.

The Agency of Transportation and the Secretary of Natural Resources are designated as responsible for carrying out the provisions of this subchapter and shall have the following additional responsibilities and powers:

The Agency of Transportation or the Secretary of Natural Resources may make such reasonable rules as it, he, or she deems necessary, provided such rules do not conflict with any federal laws, rules, and regulations, or the provisions of this subchapter.
The Agency of Transportation shall enter into agreements with the U.S. Secretary of Transportation or his or her representatives in order to designate those areas of the State that are properly zoned or used for industrial activities, and to arrange for federal cost participation.
The Secretary shall adopt and enforce requirements for adequate fencing and screening of salvage yards.
The Agency of Transportation may seek an injunction against a salvage yard that is in violation of the relevant provisions of this subchapter. The Secretary may enforce the relevant provisions of this chapter under 10 V.S.A. chapter 201.
The Agency of Transportation or the Secretary may issue necessary orders, findings, and directives, and do all other things reasonably necessary and proper to carry out the purpose of this subchapter.
Added 1969, No. 98 , § 1; amended 1983, No. 185 (Adj. Sess.), § 3; 1993, No. 172 (Adj. Sess.), § 31; 2009, No. 56 , § 6; 2017, No. 74 , § 97.

History

Amendments--2017. Subdiv. (1): Deleted "and regulations" following "rules" twice; and substituted "as it, he," for "as he" preceding "or she".

Amendments--2009. Section amended generally.

Amendments--1993 (Adj. Sess.). Added "agency of" preceding "transportation" and deleted "board" thereafter in the section catchline, and in the introductory paragraph.

Amendments--1983 (Adj. Sess.). Substituted "Transportation" for "Highway" preceding "board; responsibilities" and "duties" for "powers" thereafter in the section catchline, and "transportation" for "highway" preceding "board" in the introductory paragraph.

§ 2244. Repealed. 1993, No. 172 (Adj. Sess.), § 67(5).

History

Former § 2244. Former § 2244, relating to adoption of regulations by the Transportation Board, was derived from 1969, No. 98 , § 1.

§ 2245. Incinerators, sanitary landfills, etc., excepted.

The provisions of this subchapter shall not be construed to apply to solid waste management facilities regulated under 10 V.S.A. chapter 159.

Added 1969, No. 98 , § 1; amended 1971, No. 36 , § 2, eff. April 1, 1971; 2009, No. 56 , § 7.

History

Amendments--2009. Section amended generally.

Amendments--1971. Added reference to private garbage dumps and sanitary landfills.

§ 2246. Effect of local ordinances.

This subchapter shall not be construed to be in derogation of zoning ordinances or ordinances for the control of salvage yards now or hereafter established within the proper exercise of the police power granted to municipalities, if those ordinances impose stricter limitations upon salvage yards. If the limitations imposed by this subchapter are stricter, this subchapter shall control.

Added 1969, No. 98 , § 1; amended 2009, No. 56 , § 8.

History

Amendments--2009. Substituted "salvage yards" for "junkyards".

ANNOTATIONS

1. Licensing requirements.

Local authorities may, if they see fit, and if permitted to do so by their municipal charters, impose by ordinance licensing requirements that are stricter than those imposed by State law, including the expansion of the definition of a junkyard. 1964-66 Op. Atty. Gen. 157, (Decided under prior law.)

Cited. Town of Sandgate v. Colehamer, 156 Vt. 77, 589 A.2d 1205 (1990).

§ 2247. Salvage yard certificate of registration.

The provisions of this subchapter shall not be construed to repeal or abrogate any other provisions of law authorizing or requiring a certificate of registration to own, establish, operate, or maintain a salvage yard, but no certificate of registration shall be issued in contravention of this subchapter, or continue in force after the date on which the salvage yard for which it is issued becomes illegal under this subchapter regardless of the term for which the certificate of registration is initially issued if the salvage yard is not satisfactorily screened.

Added 1969, No. 98 , § 1; amended 2009, No. 56 , § 9.

History

Amendments--2009. Section amended generally.

§ 2248. Salvage yard operational standards.

[Repealed.]
On or before March 31, 2011, the Secretary shall adopt by rule requirements for the siting, operation, and closure of salvage yards. The rules shall establish requirements for:
1. The siting of salvage yards, including setbacks from surface waters, wetlands, and potable water supplies. Siting requirements under this subdivision may include site-specific conditions for salvage yards operating under a valid certificate of registration under section 2242 of this title, provided that such site-specific conditions are designed to prevent releases to groundwater, discharges to surface waters, or other risks to public health and the environment. A site-specific condition under this subdivision may include the requirement that the owner or operator of a salvage yard obtain an individual certificate of registration under section 2242 of this title instead of operating under a general permit adopted by the Secretary under subsection (c) of this section.
2. Exemptions from the requirement to obtain a certificate of registration under section 2242 of this title.
3. When an instrument of financial responsibility may be required by the Secretary in amounts necessary to:
  1. remediate potential or existing environmental contamination caused by the salvage yard; or
  2. assure proper management of salvage materials upon closure of the salvage yard.
4. Removal of solid waste or tires from the salvage yard for proper disposal.
5. Establishment and maintenance of screening or fencing of salvage yards from public view.
6. Assuring proper closure of a salvage yard facility.
7. Postclosure environmental monitoring of a salvage yard.
8. Classes or categories of salvage yards, including those handling total loss vehicles from insurance.
9. Additional measures that the Secretary determines necessary for the protection of public health, safety, and the environment.
1. The Secretary may issue a general permit for a certificate of registration issued to salvage yards under section 2242 of this title. The general permit may include a provision allowing a holder of a valid certificate of registration issued under this subchapter to self-certify compliance with the applicable standards of this subchapter and rules adopted under this subchapter. A general permit issued under this section shall be adopted by rule and may be incorporated into the rule required under subsection (b) of this section. (c) (1) The Secretary may issue a general permit for a certificate of registration issued to salvage yards under section 2242 of this title. The general permit may include a provision allowing a holder of a valid certificate of registration issued under this subchapter to self-certify compliance with the applicable standards of this subchapter and rules adopted under this subchapter. A general permit issued under this section shall be adopted by rule and may be incorporated into the rule required under subsection (b) of this section.
2. If the Secretary adopts a general permit for the regulation of salvage yards under subdivision (1) of this subsection, the Secretary may require an owner or operator of a salvage yard that is operating under the general permit or that is applying for coverage under the general permit to obtain an individual certificate of registration under section 2242 of this title if any one of the following applies:
  1. the salvage yard does not qualify for the general permit;
  2. a salvage yard operating under the general permit is in violation of the terms and conditions of the general permit;
  3. the size, scope, or nature of the activity of the salvage yard exceeds the parameters of the general permit;
  4. the owner or operator of the salvage yard has a history of noncompliance; or
  5. the salvage yard presents a potential risk to public health or the environment.
No person may deliver salvage vehicles to or operate a mobile salvage vehicle crusher at a salvage yard that does not hold a certificate of registration under this subchapter. A salvage yard holding a certificate of registration under this subchapter shall post a copy of its current certificate in a clearly visible location in the proximity of each entrance to the salvage yard.
The requirement under subdivision (a)(2) of this section or rules adopted under this section to drain a vehicle within 365 days of receipt shall not apply to a salvage yard holding a certificate of registration under this subchapter that, as of January 1, 2010, is conducting business, the primary activity of which is the handling of total loss vehicles from insurance companies.
Added 2009, No. 93 (Adj. Sess.), § 1; amended 2011, No. 36 , § 5, eff. May 19, 2011.

History

2016. Repealed subsec. (a) in accordance with 2011, No. 36 , § 6, which provides: "24 V.S.A. § 2248(a) (statutory operational standards for salvage yards) is repealed on the effective date of the rules required by 24 V.S.A. § 2248(b)." Those rules, Vt. Code R. 12-032-007, took effect on Sept. 1, 2015.

Amendments--2011. Subsec. (a): Added.

§ 2249. Salvage yard operator training.

At least annually, the owner or operator of a salvage yard shall attend a training workshop conducted by or approved by the Agency of Natural Resources regarding the requirements of this subchapter, best management practices, existing and proposed environmental standards, and other applicable federal, State, or municipal requirements.

Added 2009, No. 93 (Adj. Sess.), § 1.

DIVISION 02. Application and License

§ 2251. Application for certificate of approved location.

Application for a certificate of approved location shall be made in writing to the legislative body of the municipality where the salvage yard is located or where it is proposed to be located, and, in municipalities having a zoning bylaw, subdivision regulations established under sections 4301-4498 of this title, or a municipal ordinance or rule established under sections 1971-1984 of this title, the application shall be accompanied by a certificate from the legislative body or a public body designated by the legislative body. The legislative body or its designee shall find the proposed salvage yard location is not within an established district restricted against such uses or otherwise contrary to the requirements or prohibitions of such zoning bylaw or other municipal ordinance. The application shall contain a description of the land to be included within the salvage yard, which description shall be by reference to so-called permanent boundary markers.

Added 1969, No. 98 , § 1; amended 1973, No. 164 (Adj. Sess.), § 3; 2009, No. 56 , § 10.

History

Amendments--2009. Section amended generally.

Amendments--1973 (Adj. Sess.). Substituted sections "4301-4492" for "3001-3026".

ANNOTATIONS

Analysis

1. Issuance of certificate.
2. Denial of certificate.

1. Issuance of certificate.

Junkyard was not a non-conforming use, under section 4408 of this title defining such use as one that does not comply with all zoning regulations but that conformed to all applicable laws, ordinances, and regulations prior to the enactment of the zoning regulations, where, prior to enactment of the zoning regulations, a license and certificate of approval were required and had not been obtained; and since it had been found in another proceeding that the junkyard was not entitled to a variance, certificate of compliance with local ordinance required for issuance of a license under this section could not be complied with. In re Chamberlin, 134 Vt. 359, 360 A.2d 100 (1976).

2. Denial of certificate.

Evidence supported the denial of a junkyard certificate under 24 V.S.A. § 2251. There was evidence justifying concern over water contamination; a fire chief testified that he was concerned about a tire pile; neighbors testified about noise; and there was at least some basis for concern about future compliance with State environmental regulations. Rhoades Salvage/ABC Metals v. Town of Milton Selectboard, 188 Vt. 629, 9 A.3d 685 (mem.) (2010).

Cited. Town of Sandgate v. Colehamer, 156 Vt. 77, 589 A.2d 1205 (1990).

§ 2252. Time of hearing.

A hearing on the application shall be held within the municipality not less than two or more than four weeks from the date of the receipt of the application by the legislative body. Notice of the hearing shall be given to the applicant by mail, postage prepaid, to the address given in the application and shall be published once in a newspaper having a circulation within the municipality, which publication shall be not less than seven days before the date of the hearing.

Added 1969, No. 98 , § 1.

§ 2253. Location requirements.

At the time and place set for hearing, the legislative body shall hear the applicant, the owners of land abutting the facility, and all other persons wishing to be heard on the application for certificate of approval for the location of the salvage yard. The legislative body shall consider the following in determining whether to grant or deny the certificate:
1. proof of legal ownership or the right to such use of the property by the applicant;
2. the nature and development of surrounding property, such as the proximity of highways and State and town roads and the feasibility of screening the proposed salvage yard from such highways and State and town roads; the proximity of places of worship; schools; hospitals; existing, planned, or zoned residential areas; public buildings; or other places of public gathering; and
3. whether or not the proposed location can be reasonably protected from affecting the public health, safety, environment, or from a nuisance condition.
1. A person shall not establish, operate, or maintain a salvage yard which is within 1,000 feet of the nearest edge of the right-of-way of the interstate or primary highway systems and visible from the main traveled way thereof at any season of the year. (b) (1) A person shall not establish, operate, or maintain a salvage yard which is within 1,000 feet of the nearest edge of the right-of-way of the interstate or primary highway systems and visible from the main traveled way thereof at any season of the year.
2. On or after July 1, 2009, no person shall establish or initiate operation of a new salvage yard within 100 feet of the nearest edge of the right-of-way of a State or town road or within 100 feet of a navigable water, as that term is defined in 10 V.S.A. § 1422 .
Notwithstanding subsection (b) of this section, salvage yards and scrap metal processing facilities may be operated within 1,000 feet of the nearest edge of the right-of-way of the interstate and primary highway system or within 100 feet of the nearest edge of the right-of-way of a State or town road, provided that the area in which the salvage yard is located is zoned industrial under authority of State law, or if not zoned industrial under authority of State law, is used for industrial activities as determined by the Board with the approval of the U.S. Secretary of Transportation.
Added 1969, No. 98 , § 1; amended 1973, No. 164 (Adj. Sess.), § 4; 2009, No. 56 , § 11.

History

Amendments--2009. Section amended generally.

Amendments--1973 (Adj. Sess.). Subsec. (c): Omitted reference to automobile graveyards.

§ 2254. Aesthetic, environmental, and community welfare considerations.

At the hearing regarding location of the salvage yard, the legislative body may also take into account the clean, wholesome, and attractive environment which has been declared to be of vital importance to the continued stability and development of the tourist and recreational industry of the State and the general welfare of its citizens by considering whether or not the proposed location can be reasonably protected from having an unfavorable effect thereon. In this regard the legislative body may consider collectively the type of road servicing the salvage yard or from which the salvage yard may be seen, the natural or artificial barriers protecting the salvage yard from view, the proximity of the proposed salvage yard to established tourist and recreational areas or main access routes, thereto, proximity to neighboring residences, groundwater resources, surface waters, wetlands, drinking water supplies, consistency with an adopted town plan, as well as the reasonable availability of other suitable sites for the salvage yard.

Added 1969, No. 98 , § 1; amended 2009, No. 56 , § 12.

History

Amendments--2009. Section amended generally.

ANNOTATIONS

1. Evidence.

§ 2255. Grant or denial of application; appeal.

After the hearing the legislative body shall, within 30 days, make a finding as to whether or not the application should be granted, giving notice of their finding to the applicant by mail, postage prepaid, to the address given on the application.
If approved, the certificate of approved location shall be issued for a period not to exceed five years and shall contain at a minimum the following conditions:
1. conditions requiring compliance with the screening and fencing requirements of section 2257 of this title;
2. approval shall be personal to the applicant and not assignable;
3. conditions that the legislative body deems appropriate to ensure that considerations of section 2254 of this title have been met;
4. any other condition that the legislative body deems appropriate to ensure the protection of public health, the environment, or safety or to ensure protection from nuisance conditions; and
5. a condition requiring a salvage yard established or initiated prior to July 1, 2009 to be setback 100-feet from the nearest edge of a right-of-way of a State or town road or from a navigable water as that term is defined in 10 V.S.A. § 1422 , provided that if a salvage yard cannot demonstrate during the application process that it meets the 100-foot setback requirement of this subdivision, a municipality may regulate the salvage yard as a nonconforming use, nonconforming structure, or nonconforming lot under a municipal nonconformity bylaw adopted under section 4412 of this title, provided that no enlargement or further encroachment within a setback required under this subdivision shall be allowed.
Certificates of approval shall be renewed thereafter for successive periods of not more than five years upon payment of the renewal fee without hearing, provided all provisions of this subchapter are complied with during the preceding period, and the salvage yard does not become a public nuisance under the common law.
Any person may appeal the issuance or denial of a certificate of approved location to the Environmental Division within 30 days of the decision. No costs shall be taxed against either party upon such appeal.
Added 1969, No. 98 , § 1; amended 1973, No. 164 (Adj. Sess.), § 5; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 56 , § 13; 2009, No. 154 (Adj. Sess.), § 236.

History

Amendments--2009 (Adj. Sess.) Substituted "environmental division" for "environmental court" in subsec. (d).

Amendments--2009. Section amended generally.

Amendments--1973 (Adj. Sess.). Act No. 164 provided for certificate of approval to be in effect for not less than three nor more than five years from the following July 1 and substituted "county court" for "court of chancery".

Act No. 193 substituted "superior court" for "county court".

ANNOTATIONS

1. Standard of review.

Trial court did not err in failing to review the denial of a junkyard certificate de novo. Absent legislative authorization of de novo review, the trial court was correct in affording deference to the selectboard's determination; moreover, the record was adequately developed in the proceeding before the selectboard. Rhoades Salvage/ABC Metals v. Town of Milton Selectboard, 188 Vt. 629, 9 A.3d 685 (mem.) (2010).

§ 2256. Certificate fees.

The initial or renewal application fee is $25.00 to be paid at the time application is made. If the application is not granted, the fee shall be returned to the applicant. A municipality, in addition to the application fee, may assess the applicant with the costs of advertising such application and such other reasonable costs incident to the hearing as are clearly attributable thereto and may make the certificate of approval conditional upon payment of same.

Added 1969, No. 98 , § 1.

§ 2257. Screening requirements; fencing.

A salvage yard shall be screened by a fence or vegetation which effectively screens it from public view and which complies with the rules of the Secretary relative to the screening and fencing of salvage yards, and shall have a gate which shall be closed after business hours.
Fences and artificial means used for screening purposes as hereafter provided shall be maintained neatly and in good repair. They shall not be used for advertising signs or other displays which are visible from the main traveled way of a highway or State or town road.
All junk stored or deposited in a salvage yard shall be kept within the enclosure, except while being transported to or from the salvage yard. All wrecking or other work on the junk shall be accomplished within the enclosure.
Where the topography, natural growth of timber, or other natural barrier screens the salvage yard from view in part, the legislative body shall upon granting the certificate of approved location require the applicant to screen only those parts of the salvage yard not screened. A legislative body may inspect a salvage yard in order to determine compliance with the requirements of this chapter and a certificate of approved location issued under this chapter. A municipality may request that the Secretary initiate an enforcement action against a salvage yard for violation of the requirements of this subchapter or statute or regulation within the authority of the Secretary.
Added 1969, No. 98 , § 1; amended 1983, No. 185 (Adj. Sess.), § 4; 1993, No. 172 (Adj. Sess.), § 32; 2009, No. 56 , § 14.

History

Amendments--2009. Section amended generally.

Amendments--1993 (Adj. Sess.). Subsec. (d): Substituted "agency" for "board" preceding "shall upon granting".

Amendments--1983 (Adj. Sess.). Subsec. (a): Inserted "entering or departing" preceding "the yard" and deleted "is in operation" thereafter.

Subsec. (c): Deleted "burning" preceding "or" in the second sentence.

ANNOTATIONS

Analysis

1. Construction.
2. Junkyard business.

1. Construction.

There is no language in section 2242 of this title, governing operation of junkyard, or in this section that requires the Agency of Transportation to prove that a junkyard constitutes a public danger or a nuisance before its owner can be compelled to obtain a junkyard license and comply with the screening requirements. Vermont Agency of Transportation v. Sumner, 142 Vt. 577, 460 A.2d 446 (1983).

2. Junkyard business.

Where defendant maintained a private automobile graveyard from which he took parts to repair vehicles used in his business of trucking sawdust and lime, defendant was not engaged in the junkyard business; therefore, he did not violate this section or section 2242 of this title, requiring a license to operate a junkyard. Vermont Agency of Transportation v. Sumner, 142 Vt. 577, 460 A.2d 446 (1983).

DIVISION 03. Licenses and Nonconforming Uses

§ 2261. Application.

Application for a certificate of registration for a salvage yard shall be made in writing to the Secretary upon a form prescribed by the Secretary.

Added 1969, No. 98 , § 1; amended 1993, No. 172 (Adj. Sess.), § 33; 2009, No. 56 , § 15.

History

Amendments--2009. Section amended generally.

Amendments--1993 (Adj. Sess.). Substituted "agency" for "board" following "writing to the".

§ 2262. Eligibility.

The Secretary shall issue a certificate of registration upon finding:

The applicant is able to comply with the provisions of this subchapter.
The applicant has filed a currently valid certificate of approval of location with the Secretary.
The applicant has complied with any rules of the Secretary issued under section 2243 of this title and with screening or fencing requirements that, under limitations of the surrounding terrain, are capable of feasibly and effectively screening the salvage yard from view of the main traveled way of all highways.
Added 1969, No. 98 , § 1; amended 1973, No. 164 (Adj. Sess.), § 6; 1973, No. 185 (Adj. Sess.), § 5; 1993, No. 172 (Adj. Sess.), § 34; 2009, No. 56 , § 16; 2017, No. 74 , § 98.

History

Amendments--2017. Subdiv. (3): Substituted "rules" for "regulations" preceding "of the Secretary" and substituted "that" for "which" following "requirements".

Amendments--2009. Section amended generally.

Amendments--1993 (Adj. Sess.). Substituted "agency" for "board" preceding "shall issue" in the introductory clause, following "location with the" in subdiv. (2) and preceding "issued" in subdiv. (4).

Amendments--1983 (Adj. Sess.). Subdiv. (1): Deleted "is a suitable person, who has no record of convictions for any type of larceny or receiving stolen goods, and who" following "applicant".

Amendments--1973 (Adj. Sess.). Subdiv. (1): Omitted provisions relating to screening requirements and regulations.

Subdiv. (4): Added reference to regulations of board and screening requirements.

ANNOTATIONS

Cited. Town of Sandgate v. Colehamer, 156 Vt. 77, 589 A.2d 1205 (1990).

§§ 2263 Repealed. 2009, No. 134 (Adj. Sess.), § 32(c).

History

Former § 2263. Former § 2263, relating to annual salvage yard licensing fee, was derived from 1969, No. 98 , § 1 and amended by 1973, No. 164 (Adj. Sess.), § 7 and 2001, No. 102 (Adj. Sess.), § 34.

§ 2264. Repealed. 2009, No. 56, § 17.

History

Former § 2264. Former § 2264, relating to compensation, was derived from 1969, No. 98 , § 1 and amended by 1983, No. 185 (Adj. Sess.), § 6.

DIVISION 04. Disposal of Junked Vehicles

§ 2271. Unauthorized disposal of vehicles.

No one may place, discard, or abandon a junk motor vehicle in a place where it is visible from the main traveled way of a highway nor may anyone abandon or discard any motor vehicle upon the land of another with or without the consent of the land owner. Motor vehicles so placed, discarded, or abandoned are hereby declared to be a public nuisance.

Added 1969, No. 98 , § 1.

ANNOTATIONS

1. Application.

Trial court's award of injunctive relief to town under this section could not be affirmed, as section applied only prospectively to cars placed on property by defendant after its effective date, and order of court did not distinguish between cars that had been placed on the property before, as opposed to after, the effective date. Town of Sandgate v. Colehamer, 156 Vt. 77, 589 A.2d 1205 (1990).

§ 2272. Removal of junk motor vehicles.

A junk motor vehicle discovered in violation of section 2271 of this title shall be removed from view of the main traveled way of the highway by the owner of the land upon which it is discovered, upon receiving written notice from the Agency of Transportation to do so, if such owner holds title to the motor vehicle.
If the owner of the land upon which a junk motor vehicle is discovered in violation of section 2271 of this title does not hold or disclaims title and the true owner of the motor vehicle is known or can be ascertained, the motor vehicle owner shall dispose of such motor vehicle in such a manner that it is no longer visible from the main traveled way of the highway upon receiving written notice from the Agency of Transportation to do so.
The owner of land upon which a motor vehicle is left in violation of this section or section 2271 of this title may, without incurring any civil liability or criminal penalty to the owner or lienholders of such vehicle, cause the vehicle to be removed from the place where it is discovered to any other place on any property owned by him or her, or from the property, in accordance with 23 V.S.A. § 2152 . The provisions of 23 V.S.A. chapter 21, subchapter 7 (abandoned motor vehicles) shall govern the identification, reclamation, and disposal of such vehicles.
[Repealed.]
Added 1969, No. 98 , § 1; amended 1973, No. 164 (Adj. Sess.), § 8; 1981, No. 87 , § 4; 1983, No. 185 (Adj. Sess.), § 7; 1989, No. 39 ; 2003, No. 101 (Adj. Sess.), § 3; 2015, No. 50 , § 24.

History

Amendments--2015. Section heading: Substituted "Removal of" for "Taking title to" preceding "junk".

Subsec. (c): Section amended generally.

Amendments--2003 (Adj. Sess.) Subsec. (d): Repealed.

Amendments--1989. Substituted "agency of transportation" for "board" throughout the section and inserted "or her" following "his" in the second sentence and substituted "neither the state nor any of its agents or employees shall" for "the state shall not" preceding "be liable" in the third sentence of subdiv. (d)(2).

Amendments--1983 (Adj. Sess.). Subdiv. (d)(1): Inserted "the last known registered owner fails or refuses to reclaim the vehicle upon receiving written notice, or" following "If" in the first sentence.

Subdiv. (d)(2): Made minor stylistic changes in the second sentence.

Subdiv. (d)(3): Inserted "free from all claims of the owner or prior holder thereof and of all persons claiming through or under the owner or prior holder" following "state" in the first sentence.

Amendments--1981. Subdiv. (d)(3): Substituted "transportation fund" for "highway fund".

Amendments--1973 (Adj. Sess.). Subsec. (c): Provided for written notification of violation; reduced time from "twenty" to "ten" days and omitted the words "and removed from that property" in the last sentence.

Subsec. (d): Amended generally.

§ 2273. Agency of Transportation; duties; general authority.

The Agency of Transportation is authorized to contract in the name of the State for the service of independent contractors under bond to carry on at the contractor's expense junk car collection and disposal operations. The Agency shall maintain a continuing inventory of junk cars for disposal, select areas appropriate for collection, storage, and disposal of junk motor vehicles, and have general authority to contract and do all things reasonably necessary to carry out the purposes of this subchapter. Notwithstanding any other provision of this subchapter, the Agency may petition the Superior Court of the county in which a junk motor vehicle is discovered in violation of section 2271 of this title for an order directing the owner to remove the motor vehicle from view of the main traveled way of the highway.

Added 1969, No. 98 , § 1; amended 1983, No. 185 (Adj. Sess.), § 8; 1993, No. 172 (Adj. Sess.), § 35.

History

Revision note. Substituted "superior court" for "court of chancery" pursuant to 1971, No. 185 (Adj. Sess.), § 236(d) and 1973, No. 193 (Adj. Sess.), § 3. See notes under 4 V.S.A. §§ 71 and 219.

Amendments--1993 (Adj. Sess.). Added "agency of" preceding "transportation" and deleted "board" thereafter in the section catchline and in the first sentence, substituted "agency" for "board" preceding "shall maintain" in the second sentence, and substituted "agency" for "board" following "subchapter the", deleted "thereof" preceding "to remove", and substituted "the" for "such" thereafter in the third sentence.

Amendments--1983 (Adj. Sess.). Substituted "Transportation" for "Highway" and "transportation" for "highway" preceding "board" in the section catchline and the first sentence, and made other minor stylistic changes in the catchline.

§ 2274. Construction with other statutes.

In the event the provisions of this subchapter conflict with any other law relating to abandoned or unclaimed property, this subchapter controls, and its provisions shall not be construed to repeal or abrogate any other provisions of law relating to junkyards but to be in aid thereof or as an alternative.

Added 1969, No. 98 , § 1.

DIVISION 05. Injunction and Penalties

§ 2281. Injunctive relief; other remedies.

In addition to the penalty in section 2282 of this title, the legislative body may seek a temporary restraining order, preliminary injunction, or permanent injunction against the establishment, operation, or maintenance of a salvage yard which is in violation of the relevant municipal requirements of this subchapter and may obtain compliance with the relevant municipal requirements of this subchapter and the terms of a certificate of approved location issued under this subchapter by complaint to the Environmental Division for the county in which the salvage yard is located.
In addition to the penalty in section 2282 of this title, the Agency of Transportation may seek appropriate injunctive relief in the Superior Court to enforce the provisions of this subchapter within its regulatory authority.
Added 1969, No. 98 , § 1; amended 1993, No. 172 (Adj. Sess.), § 36; 2009, No. 56 , § 18; 2009, No. 154 (Adj. Sess.), § 236.

History

Amendments--2009 (Adj. Sess.) Subsec. (a): Substituted "environmental division" for "environmental court".

Amendments--2009. Section amended generally.

Amendments--1993 (Adj. Sess.). Substituted "injunctive relief" for "injunction" preceding "other" in the section catchline and "agency" for "board" following "title, the", "a temporary restraining order, preliminary injunction or permanent" for "an" following "seek", and "complaint" for "a petition" following "screening by" in the text of the section.

ANNOTATIONS

Cited. Vermont Agency of Transportation v. Sumner, 142 Vt. 577, 460 A.2d 446 (1983).

§ 2282. Penalty.

A person who violates this subchapter shall be fined not less than $5.00 nor more than $50.00 for each day of the violation.

Added 1969, No. 98 , § 1.

§ 2283. Appeals.

After exhausting the right of administrative appeal to the Board under 19 V.S.A. § 5(d)(5) , a person aggrieved by any order, act, or decision of the Agency of Transportation may appeal to the Superior Court, and all proceedings shall be de novo. Any person, including the Agency of Transportation, may appeal to the Supreme Court from a judgment or ruling of the Superior Court. Appeals of acts or decisions of the Secretary of Natural Resources or a legislative body of a municipality under this subchapter shall be appealed to the Environmental Division under 10 V.S.A. § 8503 .

Added 1969, No. 98 , § 1; amended 1971, No. 185 (Adj. Sess.), § 199, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1993, No. 172 (Adj. Sess.), § 37; 2009, No. 56 , § 19; 2009, No. 154 (Adj. Sess.), § 236.

History

Amendments--2009 (Adj. Sess.) Substituted "environmental division" for "environmental court".

Amendments--2009. Inserted "of transportation" following "agency" in the first and second sentences, and added the third sentence.

Amendments--1993 (Adj. Sess.). Added "After exhausting the right of administrative appeal to the board under section 5(d)(5) of Title 19" preceding "a person" in the first sentence and substituted "agency" for "board" preceding "may appeal" in that sentence and following "including the" in the second sentence.

Amendments--1973 (Adj Sess.). Substituted "superior court" for "county court".

Amendments--1971 (Adj. Sess.). Deleted "under the provisions of section 2382 of Title 12" following "county court" in the first sentence and "under the provisions of law applicable to such appeals" following "county court" in the second sentence.

Subchapter 11. Miscellaneous Regulatory Powers

§ 2291. Enumeration of powers.

For the purpose of promoting the public health, safety, welfare, and convenience, a town, city, or incorporated village shall have the following powers:

To set off portions of public highways of the municipality for sidewalks and bicycle paths and to regulate their use.
To provide for the removal of snow and ice from sidewalks by the owner, occupant, or person having charge of abutting property.
To provide for the location, protection, maintenance, and removal of trees, plants, and shrubs and buildings or other structures on or above public highways, sidewalks, or other property of the municipality.
To regulate the operation and use of vehicles of every kind including the power: to erect traffic signs and signals; to regulate the speed of vehicles subject to 23 V.S.A. chapter 13, subchapter 12; to regulate or exclude the parking of all vehicles; and to provide for waiver of the right of appearance and arraignment in court by persons charged with parking violations by payment of specified fines within a stated period of time.
To establish rules for pedestrian traffic on public highways and to establish crosswalks.
To regulate the location, installation, maintenance, repair, and removal of utility poles, wires and conduits, water pipes or mains, or gas mains and sewers, upon, under, or above public highways or public property of the municipality.
To regulate or prohibit the erection, size, structure, contents, and location of signs, posters, or displays on or above any public highway, sidewalk, lane, or alleyway of the municipality and to regulate the use, size, structure, contents, and location of signs on private buildings or structures.
To regulate or prohibit the use or discharge, but not possession, of firearms within the municipality or specified portions thereof, provided that an ordinance adopted under this subdivision shall be consistent with section 2295 of this title and shall not prohibit, reduce, or limit discharge at any existing sport shooting range, as that term is defined in 10 V.S.A. § 5227 .
To license or regulate itinerant vendors, peddlers, door-to-door salesmen, and those selling goods, wares, merchandise, or services who engage in a transient or temporary business, or who sell from an automobile, truck, wagon, or other conveyance, excepting persons selling fruits, vegetables, or other farm produce.
To regulate the keeping of dogs, and to provide for their licensing, leashing, muzzling, restraint, impoundment, and destruction.
To regulate, license, tax, or prohibit circuses, carnivals, and menageries and all plays, concerts, entertainments, or exhibitions of any kind for which money is received.
To regulate or prohibit the storage or dumping of solid waste, as defined in 10 V.S.A. § 6602 . These regulations may require the separation of specified components of the waste stream.
To compel the cleaning or repair of any premises that in the judgment of the legislative body is dangerous to the health or safety of the public.
To define what constitutes a public nuisance, and to provide procedures and take action for its abatement or removal as the public health, safety, or welfare may require.
To provide for penalties for violation of any ordinance or rule adopted under the authority of this section.
To name and rename streets and to number and renumber lots pursuant to section 4463 of this title, and to require the owner of a house or other building to which a number has been assigned to affix the number, including the assigned 911 address, to the structure, sign, or number post so that it is clearly visible from the road.
To regulate or prohibit possession of open or unsealed containers of alcoholic beverages in public places.
To regulate or prohibit consumption of alcoholic beverages in public places.
To regulate the construction, alteration, development, and decommissioning or dismantling of wireless telecommunications facilities and ancillary improvements where the city, town, or village has not adopted zoning or where those activities are not regulated pursuant to a duly adopted zoning bylaw. Regulations regarding the decommissioning or dismantling of telecommunications facilities and ancillary structures may include requirements that bond be posted, or other security acceptable to the legislative body, in order to finance facility decommissioning or dismantling activities. These regulations are not intended to prohibit seamless coverage of wireless telecommunications services. With respect to the construction or alteration of wireless telecommunications facilities subject to regulation granted in this section, the town, city, or incorporated village shall vest in its local regulatory authority the power to determine whether the installation of a wireless telecommunications facility, whatever its size, will impose no impact or merely a de minimis impact on the surrounding area and the overall pattern of land development, and if the local regulatory authority, originally or on appeal, determines that the facility will impose no impact or a de minimis impact, it shall issue a permit. No ordinance authorized by this section, except to the extent structured to protect historic landmarks and structures listed on the State or National Register of Historic Places, may have the purpose or effect of limiting or prohibiting a property owner's ability to place or allow placement of antennae used to transmit, receive, or transmit and receive communications signals on that property owner's premises if the aggregate area of the largest faces of the antennae is not more than eight square feet, and if the antennae and the mast to which they are attached do not extend more than 12 feet above the roof of that portion of the building to which they are attached.
To establish a conflict-of-interest policy to apply to all elected and appointed officials of the town, city, or incorporated village or ethical conduct policies to apply to all elected and appointed officials and employees of the municipality, or both.
To regulate, by means of a civil ordinance adopted pursuant to chapter 59 of this title, subject to the limitations of 13 V.S.A. § 351 b and the requirement of 13 V.S.A. § 354(a) , and consistent with the rules adopted by the Secretary of Agriculture, Food and Markets, pursuant to 13 V.S.A. § 352b(a) , the welfare of animals in the municipality. Such ordinance may be enforced by humane officers as defined in 13 V.S.A. § 351 , if authorized to do so by the municipality.
To regulate the sale and conveyance of sewage capacity to users, including phasing provisions and other conditions based on the impact of residential, commercial, or industrial growth within a town, in accord with principles in a duly adopted town plan.
Acting individually or in concert with other towns, cities, or incorporated villages and pursuant to chapter 87, subchapter 2 of this title, to incur indebtedness for or otherwise finance by any means permitted under chapter 53 of this title projects relating to renewable energy, as defined in 30 V.S.A. § 8002(17) , or to eligible energy efficiency projects undertaken by owners of real property within the boundaries of the town, city, or incorporated village. Energy efficiency projects shall be those that are eligible under section 3267 of this title.
Upon the determination by a municipal building inspector, health officer, or fire marshal that a building within the boundaries of the town, city, or incorporated village is uninhabitable, to recover all expenses incident to the maintenance of the uninhabitable building with the expenses to constitute a lien on the property in the same manner and to the same extent as taxes assessed on the grand list, and all procedures and remedies for the collection of taxes shall apply to the collection of those expenses; provided, however, that the town, city, or incorporated village has adopted rules to determine the habitability of a building, including provisions for notice in accordance with 32 V.S.A. § 5252(3) to the building's owner prior to incurring expenses and including provisions for an administrative appeals process.
To regulate by means of an ordinance or bylaw development in a flood hazard area, river corridor protection area, or other hazard area consistent with the requirements of section 4424 of this title and the National Flood Insurance Program. Such an ordinance or bylaw may regulate accessory dwelling units in flood hazard and fluvial erosion areas. However, such an ordinance or bylaw shall not require the filing of an application or the issuance of a permit or other approval by the municipality for a planting project considered to have a permit by operation of subsection 4424(c) of this title.
To regulate parking lots and parking meters on public property or public highways of the municipality, including the power to set parking fees and use parking revenues for any municipal purpose. Projects relating to parking lots and parking meters under this subdivision shall constitute an improvement under chapter 53 of this title, and a municipality shall have the right of eminent domain to condemn land necessary for such projects subject to the restrictions set forth in section 2805 of this title and 18 V.S.A. § 5318 .
When a disaster or emergency has been declared by the Governor, a municipal building inspector, health officer, fire marshal, or zoning administrator may declare condemned to be destroyed a property that has been damaged in the disaster or emergency and is dangerous to life, health, or safety due to the disaster-related damage. The local legislative body may require that an official receive training on disaster-related condemnation before he or she may condemn property under this subdivision. The owner of property condemned under this subdivision may appeal the condemnation according to the condemnation appeals procedure of chapter 83 of this title, provided that any appeal to the Superior Court shall be to the Civil Division.
Notwithstanding any contrary provision of sections 2291a and 4413 of this title or 30 V.S.A. chapter 5 or 89, a municipality may adopt an ordinance to establish screening requirements that shall apply to a ground-mounted plant that generates electricity from solar energy. In a proceeding under 30 V.S.A. § 248 , the municipality may make recommendations to the Public Utility Commission applying the ordinance to such a plant. The ordinance may designate the municipal body to make this recommendation. Screening requirements and recommendations adopted under this subdivision shall be a condition of a certificate of public good issued for the plant under 30 V.S.A. § 248 , provided that they do not prohibit or have the effect of prohibiting the installation of such a plant and do not have the effect of interfering with its intended functional use.
1. Screening requirements under this subdivision shall not be more restrictive than screening requirements applied to commercial development in the municipality under chapter 117 of this title or, if the municipality does not have other bylaws except flood hazard, 10 V.S.A. chapter 151.
2. In this subdivision (28), "plant" shall have the same meaning as in 30 V.S.A. § 8002 and "screening" means reasonable aesthetic mitigation measures to harmonize a facility with its surroundings and includes landscaping, vegetation, fencing, and topographic features.
3. This subdivision (28) shall not authorize requiring a municipal permit for a solar electric generation plant. Notwithstanding any contrary provision of this title, enforcement of an ordinance adopted under this subdivision shall be pursuant to the provisions of 30 V.S.A. § 30 applicable to violations of 30 V.S.A. § 248.
To regulate by means of an ordinance or bylaw the operation of short-term rentals within the municipality, provided that the ordinance or bylaw does not adversely impact the availability of long-term rental housing. As used in this subdivision, "short-term rental" means a furnished house, condominium, or other dwelling room or self-contained dwelling unit rented to the transient, traveling, or vacationing public for a period of fewer than 30 consecutive days and for more than 14 days per calendar year.
Added 1969, No. 170 (Adj. Sess.), § 9, eff. March 2, 1970; amended 1977, No. 61 , § 2; 1987, No. 70 , eff. June 2, 1987; 1991, No. 108 , § 1; 1993, No. 211 (Adj. Sess.), § 15, eff. June 17, 1994; 1997, No. 94 (Adj. Sess.), § 2, eff. April 15, 1998; 1999, No. 82 (Adj. Sess.), § 1; 2001, No. 82 (Adj. Sess.), § 1; 2003, No. 42 , § 2, eff. May 27, 2003; 2003, No. 63 , § 51, eff. June 11, 2003; 2005, No. 173 (Adj. Sess.), § 3, eff. May 22, 2006; 2007, No. 79 , § 14, eff. June 9, 2007; 2007, No. 121 (Adj. Sess.), § 19; 2009, No. 45 , § 15g; 2009, No. 160 (Adj. Sess.), § 9, eff. June 4, 2010; 2011, No. 53 , §§ 14a, 14d(2), eff. May 27, 2011; 2011, No. 138 (Adj. Sess.), § 15, eff. May 14, 2012; 2011, No. 155 (Adj. Sess.), § 8; 2013, No. 16 , § 6, eff. May 6, 2013; 2013, No. 122 (Adj. Sess.), § 2; 2013, No. 16 2 (Adj. Sess.), § 11; 2015, No. 56 , § 26e, eff. June 11, 2015; 2017, No. 4 , § 3, eff. March 6, 2017; 2017, No. 74 , § 99; 2017, No. 79 , § 15, eff. June 14, 2017; 2019, No. 131 (Adj. Sess.), § 255; 2019, No. 179 (Adj. Sess.), § 3, eff. Oct. 12, 2020.

History

2017. In subdiv. (28), substituted "Public Utility Commission" for "Public Service Board" in accordance with 2017, No. 53 , § 12.

2014 Subdiv. (26), as added by 2013, No. 162 (Adj. Sess.), § 11, was redesignated as subdiv. (27) to avoid conflict with subdiv. (26) as added by 2013, No. 122 (Adj. Sess.), § 2.

This section was added as " § 2251" but as there is a " § 2251" it was renumbered as " § 2291".

Amendments--2019 (Adj. Sess.). Subdiv. (8): Act No. 131 inserted the comma following "but not possession" and deleted the comma following "of".

Subdiv. (29): Added by Act No. 179.

Amendments--2017. Subdiv. (20): Act No. 79 inserted "or ethical conduct policies to apply to all elected and appointed officials and employees of the municipality, or both" following "village".

Subdiv. (25): Act No. 4 added the third sentence.

Subdiv. (28)(B): Act No. 74 substituted "subdivision (28)" for "section" preceding "'plant"'.

Amendments--2015. Subdiv. (28): Added.

Amendments--2013 (Adj. Sess.). Subdiv. (16): Act No. 162 added ", and to require the owner of a house or other building to which a number has been assigned to affix the number, including the assigned 911 address, to the structure, sign, or number post so that it is clearly visible from the road" at the end.

Subdiv. (26): Added by Act Nos. 122, § 2 and 162, § 11.

Amendments--2013. Subdiv. (25): Added the second sentence.

Amendments--2011 (Adj. Sess.). Subdiv. (4): Act No. 155 substituted "chapter 13, subchapter 12" for "23 V.S.A. §§ 1141-1147".

Subdiv. (16): Act No. 155 substituted "4463" for "4421".

Subdiv. (25): Added by Act No. 138.

Amendments--2011. Subdiv (19): Act No. 53, § 14a added the last sentence.

Act No. 53, § 14d(2), eff. July 1, 2014, deleted the last sentence.

Amendments--2009 (Adj. Sess.) Subdiv. (24): Added.

Amendments--2009. Subdiv. (23): Added.

Amendments--2007 (Adj. Sess.) Deleted "or" preceding "restraint" and added "impoundment, and destruction" thereafter in subdiv. (10).

Amendments--2007. Subdiv. (19): Added the fourth and fifth sentences.

Amendments--2005 (Adj. Sess.). Subdiv. (8): Added the proviso at the end.

Amendments--2003. Subdiv. (22): Added.

Subdiv. (21): Substituted "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets" in the first sentence.

Amendments--2001 (Adj. Sess.). Subdiv. (21): Added.

Amendments--1999 (Adj. Sess.). Subdiv. (20): Added..

Amendments--1997 (Adj. Sess.). Subdiv. (19): Added.

Amendments--1993 (Adj. Sess.). Subdiv. (1): Inserted "and bicycle paths" following "sidewalks".

Amendments--1991. Subdiv. (12): Substituted "solid waste, as defined in 10 V.S.A. § 6602" for "garbage, rags, refuse or waste materials, and to provide for the removal thereof" following "dumping of" in the first sentence and added the second sentence.

Amendments--1987. Subdiv. (17): Added.

Subdiv. (18): Added.

Amendments--1977. Subdiv. (16): Added.

Transitional provision; parking reserve funds; permitted use for any municipal purpose. 2013, No. 122 (Adj. Sess.), § 3 provides: "Upon the effective date of this act [July 1, 2014], any municipality that has kept parking revenue separate from other revenue of the municipality under the provisions of 24 V.S.A. chapter 53, subchapter 3 (indebtedness for parking lots and meters) may use that revenue for any municipal purpose."

Cross References

Cross references. Powers of municipal legislative bodies relating to bicycle routes, see 19 V.S.A. § 2307.

ANNOTATIONS

Analysis

1. Constitutionality.
2. License fees.
- - Constitutionality.
- - Validity.
4. Construction with other laws.
5. Objects of licensing.
6. Firearms.

1. Constitutionality .

Town ordinance setting town speed limit at State speed limit was at most a post hoc adoption of the existing speed limit under State law, whose sole effect was to divert to the town fines that would otherwise flow to the State, in short, a revenue-raising measure neither expressly nor impliedly authorized by the Legislature and thus invalid. State v. Yorkey, 163 Vt. 355, 657 A.2d 1079 (1995).

2. License fees .

That amusement show engaging in interstate commerce was subjected to village license fee on amusements and entertainments did not violate Commerce Clause where show did not demonstrate that it was discriminated against as a non-resident in that it was burdened and a similar entertainment residing in the State was not. Champlain Valley Exposition v. Village of Essex Junction, 131 Vt. 449, 309 A.2d 25 (1973).

*3. Validity.

Ordinance imposing a tax upon admissions to entertainments or amusements, proceeds of which were to be placed in the general fund to be used for general purposes, was clearly for the sole purpose of raising revenue, did not bear a real and substantial relationship to the public health, safety, welfare, and convenience, which were the purposes for which statute allowed taxation of amusements and entertainments, and was therefore invalid. Champlain Valley Exposition v. Village of Essex Junction, 131 Vt. 449, 309 A.2d 25 (1973).

Village license fee on amusements and exhibits of plaintiff would be presumed reasonable in amount where plaintiff merely stated total revenue raised and its impact upon plaintiff's operations, did not show cost to village of regulatory and other services, and thus failed to meet its burden of proving the fee excessive in relation to cost of services. Champlain Valley Exposition v. Village of Essex Junction, 131 Vt. 449, 309 A.2d 25 (1973).

4. Construction with other laws.

Where a city charter authorized a city to enact an ordinance requiring a license to perform live entertainment, it was not necessary to decide whether 24 V.S.A. § 2291(11) also authorized the ordinance. SBC Enterprises, Inc. v. City of South Burlington Liquor Control Commission, 166 Vt. 79, 689 A.2d 427 (1996).

In prosecution of property owner under city zoning ordinance for having a sign projecting over a public right-of-way, trial court erred, after finding correctly that the bylaw was invalid under former section 4408(c) of this title, governing nonconforming uses and structures at the time the bylaw was enacted, in upholding the bylaw as valid and enforceable on the basis of the general savings clause in the city charter, the 1980 repeal of section 4408(c) and subdivision (7) of this section, since those unrelated grants of authority did not provide an independent ground for the bylaw's validity. State v. Sanguinetti, 141 Vt. 349, 449 A.2d 922 (1982).

Where 32 V.S.A. § 9907 allocated to State the licensing of concessions for the sale of goods or services at street or carnival shows and fairgrounds, and this section allowed towns to license "exhibitions of any kind for which money is received", town could not license the selling of fireplace equipment by one plaintiff, and fish, supplies, and aquariums by another, at the Champlain Valley Exposition. Champlain Valley Exposition, Inc. v. Village Essex Junction, 133 Vt. 213, 333 A.2d 89 (1975).

31 V.S.A. § 401 and this section must be read in pari materia as they deal with the same subject matter, and under such a reading village trustees could enact ordinance placing ten dollar per day license fee on amusements and entertainments. Champlain Valley Exposition v. Village of Essex Junction, 131 Vt. 449, 309 A.2d 25 (1973).

5. Objects of licensing.

Village could license each show, ride, or exhibit in business which presented collection of rides, exhibits, and amusements at fairs, rather than licensing only the business itself. Champlain Valley Exposition v. Village of Essex Junction, 131 Vt. 449, 309 A.2d 25 (1973).

6. Firearms.

One purpose of the 2006 amendment to the statute enumerating municipal powers was to prohibit municipalities from regulating the discharge of firearms, including regulation of the noise created by such discharge, in a way that limits or reduces the permissible amount of shooting below those levels established as of May 22, 2006. N. Country Sportsman's Club v. Town of Williston, 205 Vt. 1, 170 A.3d 639 (2017).

Based on the plain language of the statute enumerating the powers of a municipality as well as the history of the 2006 amendment to the statute, the statute prohibited a town from enforcing its noise ordinance with respect to noise generated by discharge of firearms that was consistent with a sport shooting range's established amount of shooting as of May 22, 2006. Thus, as long as the range's operations were consistent with the historical operation of the range, using the May 22, 2006 baseline, the town could not cite the range for violating its noise ordinance. N. Country Sportsman's Club v. Town of Williston, 205 Vt. 1, 170 A.3d 639 (2017).

Cited. Pope v. Town of Windsor, 140 Vt. 283, 438 A.2d 388 (1981).

§ 2291a. Renewable energy devices.

Notwithstanding any provision of law to the contrary, no municipality, by ordinance, resolution, or other enactment, shall prohibit or have the effect of prohibiting the installation of solar collectors, clotheslines, or other energy devices based on renewable resources. This section shall not apply to patio railings in condominiums, cooperatives, or apartments.

Added 2009, No. 45 , § 15b, eff. May 27, 2009.

§ 2292. Construction with other laws.

The powers enumerated in this subchapter may be exercised by any town, city, or incorporated village notwithstanding and in addition to the existence of similar powers under a municipal charter or other provision of law. The validity or enforceability of an ordinance or rule adopted under section 2291 of this title shall not be affected by the existence of a statute, ordinance, or rule enacted or adopted under authority other than this subchapter, and relating to the same or a similar subject.

Added 1969, No. 170 (Adj. Sess.), § 9, eff. March 2, 1970.

History

Revision note. This section was added as " § 2252" but was renumbered as " § 2291" in light of the enactment of another § 2252 by 1969, No. 98 .

Reference to "section 2251 of this title" was changed to "section 2291 of this title" to conform to renumbering of such section.

§ 2293. Regulation of condominium conversion; referendum.

A town may adopt an ordinance governing the conversion of rental units to condominiums which is supplemental to and not inconsistent with the provisions of 27 V.S.A. chapter 15, subchapter 2. Such an ordinance shall be submitted to the voters and shall be adopted if approved by a majority of those present and voting.

Added 1985, No. 175 (Adj. Sess.), § 6.

§ 2294. Missing person complaints and reports; filing required.

All law enforcement agencies, including those of municipalities, shall develop and maintain a system for filing missing person complaints and reports forwarded to it under 20 V.S.A. chapter 112.

Added 1985, No. 254 (Adj. Sess.), § 2, eff. June 4, 1986.

§ 2295. Authority of municipal and county governments to regulate firearms, ammunition, hunting, fishing, and trapping.

Except as otherwise provided by law, no town, city, or incorporated village, by ordinance, resolution, or other enactment, shall directly regulate hunting, fishing, and trapping or the possession, ownership, transportation, transfer, sale, purchase, carrying, licensing, or registration of traps, firearms, ammunition, or components of firearms or ammunition. This section shall not limit the powers conferred upon a town, city, or incorporated village under subdivision 2291(8) of this title. The provisions of this section shall supersede any inconsistent provisions of a municipal charter.

Added 1987, No. 178 (Adj. Sess.), eff. May 9, 1988.

ANNOTATIONS

1. Particular cases.

Because a union municipal district owned or leased all of the land within its boundaries, its management practices had the effect of banning hunting and trapping throughout those boundaries, but the Legislature has not prohibited the district from managing its land in that way. Thus, the district's actions in posting its own land to ban hunting and trapping were not only affirmatively authorized by the Legislature, but also free of any statutory or constitutional prohibition. Hunters, Anglers & Trappers Association of Vermont, Inc. v. Winooski Valley Park District, 181 Vt. 12, 913 A.2d 391 (2006).

§ 2296. Regulation of amateur radio.

As used in this section:
1. "Amateur radio" means the use of amateur radio and amateur satellite radio frequencies and services by qualified and federally authorized persons of any age who are interested in radio technique without pecuniary interest.
2. "Antenna" means an array of wires, tubing, or the like used for the transmission and reception of radio waves.
3. "Antenna support structure" means a structure or framework that is designed to elevate an antenna above the ground for the purpose of increasing the effective communications range and reliability of an amateur radio station. Amateur radio antenna support structures are removable by design and therefore are a removable structure for assessment purposes.
Notwithstanding subdivision 2291(19) of this title, a municipal ordinance regulating amateur radio antenna or amateur radio antenna support structures shall comply with the requirements of 47 C.F.R. § 97.15(b), as amended from time to time, by allowing for the erection of an amateur radio antenna or an amateur radio antenna support structure at a height and dimension sufficient to accommodate amateur radio service communications.
Added 2005, No. 200 (Adj. Sess.), § 2.

Subchapter 12. Solid Waste Ordinances

Cross References

Cross references. Municipal regulation of rubbish and garbage generally, see subch. 8 of this chapter.

§ 2297. Definitions.

As used in this subchapter,

"Solid waste ordinance" means an ordinance adopted pursuant to subdivision 2291(12) of this title.
"Legislative body" means the legislative body of a town, city, or incorporated village.
"Respondent" means a person alleged to have violated a solid waste ordinance.
Added 1991, No. 108 , § 2.

§ 2297a. Enforcement of solid waste ordinance by town, city, or incorporated village.

Solid waste order. A legislative body may issue and enforce a solid waste order in accordance with this section. A solid waste order may include a directive that the respondent take actions necessary to achieve compliance with the ordinance, to abate hazards created as a result of noncompliance, or to restore the environment to the condition existing before the violation and may include a civil penalty of not more than $800.00 for each violation and in the case of a continuing violation, not more than $100.00 for each succeeding day. In determining the amount of civil penalty to be ordered, the legislative body shall consider the following:
1. the degree of actual or potential impact on public health, safety, welfare, and the environment resulting from the violation;
2. whether the respondent has cured the violation;
3. the presence of mitigating circumstances;
4. whether the respondent knew or had reason to know the violation existed;
5. the respondent's record of compliance;
6. the economic benefit gained from the violation;
7. the deterrent effect of the penalty;
8. the costs of enforcement;
9. the length of time the violation has existed.
Notice. When the legislative body has reasonable grounds to believe that a person has violated a solid waste ordinance, the legislative body may issue notice of the alleged violation, which shall be delivered to the respondent in person or mailed to the respondent by first-class mail or by certified mail, return receipt requested. If mailed by first-class mail, the notice is deemed received three days after the date of mailing. A copy of the notice of violation shall be mailed to the Department of Environmental Conservation for information purposes only. The notice of violation shall include:
1. a brief description of the alleged violation and identification of the ordinance alleged to have been violated;
2. a brief description of the potential enforcement actions which may be taken by the legislative body and the legislative body's probable course of action;
3. a statement that the respondent has a right to a preliminary hearing before the legislative body and a description of the procedures for requesting a preliminary hearing.
Preliminary hearing. A person who receives a notice of violation shall be offered an opportunity for a preliminary hearing before the legislative body for the purpose of determining whether a violation exists and reviewing the legislative body's probable course of action. The request for hearing shall be made in writing to the clerk of the town, city, or incorporated village no later than ten days after the date the notice of violation is received. The legislative body shall hold a hearing within 14 days of receipt of the request for a hearing.
Proposed order. After a preliminary hearing, the legislative body may issue a proposed order. If no hearing is requested within ten days after the date of receipt of the notice of violation, the legislative body may issue a proposed order at once. A proposed order shall be delivered to the respondent in person or mailed to the respondent by first-class mail or by certified mail, return receipt requested. If mailed by first-class mail, the order is deemed received three days after the date of mailing.
Contents of proposed order. A proposed order shall include:
1. a statement that the respondent has the right to request a hearing before the legislative body on the proposed order and the procedures for requesting the hearing;
2. a statement that the respondent has the right to request a hearing before the Environmental Division after the order has become final and a description of the procedures for requesting a hearing before the Environmental Division;
3. a statement that filing a request for hearing before the Environmental Division will stop penalties from accruing in the case of a continuing violation;
4. if applicable, a directive that the respondent take actions necessary to achieve compliance with the ordinance, to abate hazards created as a result of noncompliance, or to restore the environment to the condition existing before the violation;
5. if applicable, a civil penalty of not more than $800.00 for each violation and in the case of a continuing violation, not more than $100.00 for each succeeding day.
Hearing on proposed order. A person who receives a proposed order shall be offered an opportunity for a hearing before the legislative body, provided that the request for hearing is made in writing to the clerk of the town, city, or incorporated village no later than 15 days after the date of receipt of the order. If the respondent does not request a hearing, the order shall be deemed a final order, and shall be effective on the date of receipt or a later date stated in the order. If the respondent does request a hearing subsequent to receipt of the order, the legislative body shall hold a hearing within 14 days of receipt of the request. After the hearing, the legislative body may withdraw or amend the order and may issue a final order, which shall be delivered or mailed to the respondent in the same manner as proposed orders and which shall be effective on the date of receipt or a later date stated in the order.
Continuing violations. Each day that a violation continues from the effective date of a final order shall constitute a separate violation. However, the filing of a request for hearing with the Environmental Division shall stop penalties from accruing in the case of a continuing violation until the Environmental Division has issued its order.
Effect of imposition of penalty. Imposition of a penalty under this subchapter precludes imposition by the town, city, or incorporated village of any other administrative or civil penalty under any other provision of law for the same violation.
Payment to town, city, or incorporated village. All penalties collected under this subchapter shall be paid to the town, city, or incorporated village whose ordinance is the subject of the violation.
Enforcement. The legislative body may seek enforcement of a final order in the Superior Court or before the Environmental Division. If a penalty is imposed and the respondent fails to pay the penalty within the time prescribed, the legislative body may bring a collection action in the Superior Court.
Added 1991, No. 108 , § 2; amended 1993, No. 232 (Adj. Sess.), § 38, eff. March 15, 1995; 2009, No. 154 (Adj. Sess.), § 236; 2017, No. 130 (Adj. Sess.), § 16.

History

Amendments--2017 (Adj. Sess.). Subsec. (a): Substituted "$800.00" for "$500.00" in the second sentence.

Subdiv. (e)(5): Substituted "$800.00" for "$500.00".

Amendments--2009 (Adj. Sess.) Substituted "environmental division" for "environmental court" in subdivs. (e)(2) and (3) and in subsecs. (g) and (j).

Amendments--1993 (Adj. Sess.). Substituted "environmental court" for "environmental law division" in two places in subdiv. (e)(2), in subdiv. (e)(3), in two places in the second sentence of subsec. (g), and in the first sentence of subsec. (j).

§ 2297b. Hearing by Environmental Division.

A respondent may request a hearing on a final order under this subchapter before the Environmental Division established under 4 V.S.A. chapter 27, which shall consider the matter de novo. Notice of a request for hearing shall be filed with the Environmental Division and the municipal clerk within ten days of receipt of the final order.
Notice of a request for hearing before the Environmental Division shall stay the order and payment of the penalty, if imposed, pending the hearing.
If the Environmental Division determines that a violation has not occurred, it shall reverse the order.
The Environmental Division may affirm a directive in an order or, if it finds that the violation exists but the remedies contained in the order are not likely to achieve the intended result, it may modify or vacate and remand the directive.
In determining whether to affirm, modify, or reverse an order for a civil penalty, the Environmental Division shall consider the factors set forth in subsection 2297a(a) of this title.
If the respondent does not request a hearing on a final order within ten days of receipt of the order, the final order shall stand.
Added 1991, No. 108 , § 2; amended 1993, No. 232 (Adj. Sess.), § 38, eff. March 15, 1995; 2009, No. 154 (Adj. Sess.), § 236.

History

Amendments--2009 (Adj. Sess.) Substituted "environmental division" for "environmental court" in the section catchline and in subsecs. (a)-(e).

Amendments--1993 (Adj. Sess.). Substituted "environmental court" for "environmental law division" in the section catchline and wherever it appeared in subsecs. (a)-(e).

Cross References

Cross references. Environmental law enforcement generally, see 10 V.S.A. ch. 201.

Subchapter 13. Condemnation; Solid Waste Management Districts

Cross References

Cross references. Eligibility of solid waste management districts as applicants for zoning permits, see § 4427 of this title.

Exemption from land use change tax of land condemned by eminent domain, see 32 V.S.A. § 3757.

Land use and development plans generally, see 10 V.S.A. ch. 151.

Waste management generally, see 10 V.S.A. ch. 159.

§ 2299a. Eminent domain; solid waste management districts.

A solid waste management district organized pursuant to chapter 121 of this title or by charter, may acquire property, or some easement or other rights in property, in order to construct and operate a sanitary landfill including suitable buffer areas and transfer stations and other solid waste facilities located on the landfill site, by condemnation as provided in this subchapter.
A solid waste management district may condemn only property, easements or rights in property lying within the boundary of the district at any time after June 28, 1991. However, withdrawal of a municipality from membership in the district before November 1, 1991 shall terminate condemnation proceedings with respect to property, easements, and interests in property lying within that municipality.
This subchapter may not be used to condemn property, easements, or other rights in property at solid waste management facilities actually operated by any person at any time during the three years before a petition is filed under this subchapter under either transitional authorizations issued on or before August 1, 1987 or interim, provisional, or final certifications issued by the Agency of Natural Resources.
Added 1991, No. 109 , § 1, eff. June 28, 1991.

History

Revision note. Substituted "June 28, 1991" for "the effective date of this act" at the end of the first sentence of subsec. (b) for purposes of clarity.

ANNOTATIONS

1. Condemnation.

In a condemnation case involving a solid waste district, the trial court properly denied the landowner's motion to amend the final judgment without a hearing when the landowner was given multiple opportunities to proffer evidence upon which a jury could evaluate whether a sand pit increased materially in value between the date of valuation and the date of the tender of compensation, but repeatedly failed to provide evidentiary support for its request to amend the final judgment. The judge was similarly within her discretion to deny the landowner's motion for reconsideration, which the landowner submitted without any timely supporting evidence. In re Chittenden Solid Waste District, 191 Vt. 593, 44 A.3d 753 (mem.) (2012).

Cited. Hinesburg Sand & Gravel Co. v. Chittenden Solid Waste District, 959 F. Supp. 652 (D. Vt. 1997).

§ 2299b. Definitions.

As used in this subchapter,

"Necessity" means a reasonable need which considers the greatest public good and the least inconvenience and expense to the condemning party and to the property owner. Necessity shall not be measured merely by expense or convenience to the condemning party. Due consideration shall be given to the adequacy of other property and locations and to the quantity, kind, and extent of cultivated and agricultural land which may be taken or rendered unfit for use by the proposed taking. In this matter, the court shall view the problem from both a long-range agricultural land use viewpoint as well as from the immediate taking of agricultural lands which may be involved. The court shall also consider and give effect to the policy of protecting earth resources, as set forth in 10 V.S.A. § 6086 . Consideration also shall be given to the effect upon home and homestead rights and the convenience of the owner of the land, to the effect of the facility upon scenic and recreational values, and to the effect upon town grand lists and revenues.
Damages resulting from the taking or use of property under the provisions of this subchapter shall be the value for the most reasonable use of the property or right in the property, and of the business on the property, and the direct and proximate decrease in the value of the remaining property or right in the property and the business on the property. The added value, if any, to the remaining property or right in the property, which accrues directly to the owner of the property as a result of the taking or use, as distinguished from the general public benefit, shall be considered in the determination of damages.
"Interested person" or "person interested in lands" means a person who has a legal interest of record in the property affected.
"Legislative body" means the board of supervisors, board of commissioners, or other governing board of a solid waste management district.
Added 1991, No. 109 , § 1, eff. June 28, 1991.

ANNOTATIONS

1. Damages .

On the issue of damages available to the property owner in cases involving condemnation by solid waste management districts, the governing statute is identical to that for condemnation generally. Thus, preexisting case law on damages is available in a proceeding for condemnation of a sand pit to create a solid waste landfill. In re Chittenden Solid Waste District, 182 Vt. 38, 928 A.2d 1183 (April 20, 2007).

Cited. Chittenden Solid Waste District v. Hinesburg Sand & Gravel Co., 169 Vt. 153, 730 A.2d 614 (1999).

§ 2299c. Determination by legislative body of district.

No solid waste management district shall exercise the authority conferred on it by this subchapter until after the legislative body of the district has voted at a regular or special meeting warned for that purpose to adopt a resolution setting forth the necessity for the taking and the compensation to be paid.
A public hearing shall be held for the purpose of receiving suggestions and recommendations from the public prior to the legislative body's reaching the judgment required in subsection (a) of this section. The hearing shall be conducted by the legislative body. Public notice shall be given by printing the official notice not less than 30 days prior to the hearing in a newspaper having general circulation in the area affected. A copy of the notice shall be mailed to the legislative body of the municipalities affected and a copy sent by certified mail to known owners of lands and rights in land proposed to be condemned. The notice shall set forth the purpose for which the land or rights are desired. At the hearing the legislative body shall hear and consider all objections, suggestions for changes, and recommendations made by any person interested.
If the legislative body determines the necessity of the taking and the compensation to be paid, it shall cause the property to be acquired or affected to be surveyed.
Added 1991, No. 109 , § 1, eff. June 28, 1991.

ANNOTATIONS

Analysis

1. Judicial review.
2. Public hearing.

1. Judicial review.

Court was not authorized to consider substantive compliance by the solid waste district board with precondemnation requirements under the Landfill Condemnation Statute, 24 V.S.A. §§ 2299c-2299d. In re Chittenden Solid Waste District, 163 Vt. 185, 657 A.2d 197 (1995).

Except for determining that a condemnor had in fact met the procedural requirements for filing a condemnation petition, the court lacked authority to dismiss the petition based on whether the petitioner had adequately considered the statutory factors in seeking condemnation or in setting forth the compensation to be paid, within the meaning of 24 V.S.A. § 2299c(a); hence, the scope of the court's proceeding was beyond its statutory authority, and its resultant order was invalid. In re Chittenden Solid Waste District, 163 Vt. 185, 657 A.2d 197 (1995).

Solid waste district's determination to seek to obtain property by eminent domain under § 2299c is not judicial or quasi-judicial, and is not subject to judicial review. In re Chittenden Solid Waste District, 163 Vt. 185, 657 A.2d 197 (1995).

Judicial review of municipal action, as with condemnation action under 24 V.S.A. § 2299c, varies with the terms of particular authorizing statutes. In re Chittenden Solid Waste District, 163 Vt. 185, 657 A.2d 197 (1995).

Case precedent did not create narrow window of judicial review for consideration of the regularity of solid waste district's consideration and determination of necessity for condemnation and compensation to be paid on account of condemnation. In re Chittenden Solid Waste District, 163 Vt. 185, 657 A.2d 197 (1995).

2. Public hearing.

Section 2299c(b) is clear on its face that the purpose of the public condemnation hearing is limited and does not reach the merits of necessity or damages, which the Superior Court determines at a full evidentiary hearing. In re Chittenden Solid Waste District, 163 Vt. 185, 657 A.2d 197 (1995).

24 V.S.A. § 2299c(b) condemnation hearing is conducted by the solid waste district's board of commissioners, which has no judicial or quasi-judicial functions but acts in an executive capacity, to hear and consider all objections, suggestions for changes, and recommendations made by any person interested. In re Chittenden Solid Waste District, 163 Vt. 185, 657 A.2d 197 (1995).

§ 2299d. Petition; notice of hearing.

After completion of the survey, the solid waste management district intending to acquire property or property rights shall present a petition to the Superior Court of the county in which the property lies, describing the property or rights, and stating why it is unable to acquire it without condemnation, and why its acquisition is necessary. The Superior Court shall set a time and place for hearing such petitions, which shall not be more than 60 nor less than 40 days from the date its order is signed, and shall issue a citation.
The citation shall be served like a summons upon each person having any legal interest in the property or right, including each municipality and each municipal planning commission where the property is situated, or on absent persons in such manner as the Supreme Court may, by rule, provide for service of process in civil actions. The Superior Court may schedule a joint hearing of some or all petitions relating to the same project and concerning properties or rights located in the same town or abutting towns within the same county.
Added 1991, No. 109 , § 1, eff. June 28, 1991.

Cross References

Cross references. Service of process, see V.R.C.P. 4.

ANNOTATIONS

1. Judicial review.

Cited. In re Chittenden Solid Waste District, 163 Vt. 185, 657 A.2d 197 (1995).

§ 2299e. Finding of necessity; appeal.

At the time and place appointed for the hearing, the court shall hear all persons interested and wishing to be heard. If any person owning or having an interest in the property to be taken or affected objects to the necessity of the proposed taking, the court shall require the petitioner to proceed with the introduction of evidence as to the necessity of the taking. The burden of proof shall be upon the petitioner to establish necessity by a fair preponderance of the evidence. No presumptions shall attend the petitioner's determination of necessity.
The court by its order may determine whether necessity requires the taking of the land and rights as set forth in the petition. The court shall make findings of fact and file them and any party may appeal the court's order regarding necessity to the Supreme Court.
Added 1991, No. 109 , § 1, June 28, 1991.

Cross References

Cross references. Applicability of Rules of Civil Procedure, see § 2299k of this subchapter.

ANNOTATIONS

1. Construction.

In ordering that sand be made available to landfill condemnee if it chose to take it, court did not bind condemnee to any conditions subsequent to condemnation, but instead was merely adhering to legislative mandate that court consider and give effect to policy of protecting earth resources; proposal to make sand available to condemnee following condemnation was therefore authorized by statute. Chittenden Solid Waste District v. Hinesburg Sand & Gravel Co., 169 Vt. 153, 730 A.2d 614 (1999).

Although trial court in condemnation proceeding determined that it need not reassess issue of necessity for landfill due to legislative findings on that issue, court went on to make requisite statutory findings of necessity to support locating landfill within county at site in question. Chittenden Solid Waste District v. Hinesburg Sand & Gravel Co., 169 Vt. 153, 730 A.2d 614 (1999).

Under the Landfill Condemnation Statute, there are two distinct judicial condemnation stages: (1) the judicial determination of necessity (at both the trial and appellate levels); and (2) the judicial determination of damages (also at both the trial and appellate levels); each stage is a single, unified proceeding. In re Chittenden Solid Waste District, 163 Vt. 185, 657 A.2d 197 (1995).

Landfill Condemnation Statute clearly mandates that necessity be tried and appealed first, while damages are tried and appealed thereafter, consistent with the judicial condemnation process in place in many other states. In re Chittenden Solid Waste District, 163 Vt. 185, 657 A.2d 197 (1995).

Cited. In re Chittenden Solid Waste District, 163 Vt. 185, 657 A.2d 197 (1995).

§ 2299f. Determination of damages; jury trial.

If any person with an interest in the property or right is dissatisfied with the compensation determined by the legislative body of the solid waste management district, the person may, within 30 days after any court order regarding necessity has become final, apply by petition in writing to the Superior Court of the county within which such property or right or part thereof is situated to have the amount of compensation reassessed and the time and manner of payment redetermined. Such petition shall be served and returned like a summons.
Either party may request and have a trial by jury on the issue of compensation only.
The Superior Court shall determine damages as of the date the property is acquired or at such other date as the court determines.
Added 1991, No. 109 , § 1, eff. June 28, 1991.

Cross References

Cross references. Applicability of Rules of Civil Procedure, see § 2299k of this subchapter.

Service of process, see V.R.C.P. 4.

ANNOTATIONS

Cited. In re Chittenden Solid Waste District, 163 Vt. 185, 657 A.2d 197 (1995).

§ 2299g. Compensation; where party cannot be found.

When a person to whom such compensation or any part of that compensation is due cannot be found, or is under any legal disability, or is out of this State, the Superior Court may order such amount to be deposited with the county clerk of the county in which the hearing was held. This money shall be invested and paid out according to orders made by the court.

Added 1991, No. 109 , § 1, eff. June 28, 1991.

ANNOTATIONS

Cited. In re Chittenden Solid Waste District, 163 Vt. 185, 657 A.2d 197 (1995).

§ 2299h. Copy of order; record.

When the Superior Court renders judgment, it shall send by registered mail to each of the parties in interest or their attorneys, within 30 days, a certified copy of that judgment. Within 30 days after the Superior Court's judgment has become final, the petitioner shall cause a certified copy of the judgment to be recorded in the clerk's office of the town or towns in which the property is located.

Added 1991, No. 109 , § 1, eff. June 28, 1991.

ANNOTATIONS

Cited. In re Chittenden Solid Waste District, 163 Vt. 185, 657 A.2d 197 (1995).

§ 2299i. Effect of payment of awards.

After resolution of any appeals on the issue of necessity and upon the payment or deposit of the compensation determined by the legislative body of the solid waste management district, with interest, in accordance with its determination, the district shall be the owner of the property or right described in the findings. However, when an appeal is taken on the issue of compensation only, ownership shall be an equitable title only with right of possession until there is compliance with the judgment of the Superior Court.

Added 1991, No. 109 , § 1, eff. June 28, 1991.

ANNOTATIONS

Cited. In re Chittenden Solid Waste District, 163 Vt. 185, 657 A.2d 197 (1995).

§ 2299j. Access for examination of land.

Solid waste management districts organized pursuant to chapter 121 of this title, or by charter, after making reasonable effort to provide notice, may enter on any lands and premises for the purpose of making surveys and conducting hydrogeological studies, including subsurface investigations, and other scientific studies and, in the event entry is denied or resisted, they may obtain an order for this purpose from any Superior Court of a county in which the property is located. Orders issued under this section shall specify when solid waste management districts may enter land or premises, the manner and timing of notice they shall give before any such entry, the allowed duration of any entry, and a suitable payment for entry, if any. Solid waste management districts shall be liable for damage done as a result of their entry on lands or premises.

Added 1991, No. 109 , § 1, eff. June 28, 1991.

ANNOTATIONS

Cited. In re Chittenden Solid Waste District, 163 Vt. 185, 657 A.2d 197 (1995).

§ 2299k. Scope of civil rules.

The Vermont Rules of Civil Procedure shall apply to proceedings under this subchapter, except that neither party is entitled to a trial by jury on the issue of necessity.

Added 1991, No. 109 , § 1, eff. June 28, 1991.

ANNOTATIONS

Cited. In re Chittenden Solid Waste District, 163 Vt. 185, 657 A.2d 197 (1995).

CHAPTER 63. FAIRS AND EXHIBITS

Sec.

§ 2301. Appropriations.

A municipality may appropriate not to exceed two and one-half percent of its grand list to aid an agricultural fair or other public exhibition intended to promote the interests of any branch of agriculture, mechanic arts, or any of the liberal arts. No such appropriation shall be used so to enable any incorporated fair association to pay dividends on its capital stock.

History

Source. V.S. 1947, § 3801. P.L. § 3706. 1933, No. 157 , § 3479. G.L. § 4157. 1908, No. 87 .

CHAPTER 65. PUBLIC LANDS AND FUNDS

SUBCHAPTER 1. PUBLIC LANDS

SUBCHAPTER 2. PUBLIC FUNDS

Subchapter 1. Public Lands

§ 2401. Public lands; duties of selectboard.

The selectboard shall have the care of lands in the town granted under the authority of the British Government as glebes for the use of the Church of England and now by law granted to such town for the use of schools, and lands granted to the use of the ministry or the social worship of God, and lands granted to the first settled minister, and not appropriated according to law.

History

Source. V.S. 1947, § 3619. P.L. § 3536. G.L. § 3980. P.S. § 3478. V.S. § 3027. R.L. § 2703. G.S. 97, § 1. R.S. 85, § 1. 1818, p. 84. 1805, p. 128. 1803, p. 82. 1799, p. 11. 1798, p. 18. 1794, p. 102, 114. 1787, p. 7.

2016. Substituted "selectboard" for "selectmen" in the catchline and the text in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

Cross References

Cross references. Glebe lands in unorganized towns and gores, see §§ 214-217 of this title.

ANNOTATIONS

1. Status of glebe lands.

Act of Legislature could not constitutionally change present status of lease or glebe lands for purposes of taxation. 1946 Op. Atty. Gen. 161.

§ 2402. Right of possession.

The selectboard shall be entitled to the possession of such lands, except when the same have been otherwise disposed of according to law. They may commence, prosecute, or defend, in the name of the town, any action necessary to recover or protect such possession, or recover damages for injuries done to such lands.

History

Source. V.S. 1947, § 3620. P.L. § 3537. G.L. § 3981. P.S. § 3479. V.S. § 3028. R.L. § 2704. G.S. 97, § 2. R.S. 85, § 2. 1805, p. 128. 1798, p. 19. 1794, p. 102, 115. 1787, p. 7.

2016. Substituted "selectboard" for "selectmen" in the first sentence in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

§ 2403. Lease.

The selectboard may lease such lands as they deem beneficial, reserving rents for the same, which shall be annually paid into the treasury of the town.

History

Source. V.S. 1947, § 3621. P.L. § 3538. G.L. § 3982. P.S. § 3480. V.S. § 3029. R.L. § 2705. 1867, No. 47 . G.S. 97, § 3. R.S. 85, § 3. 1818, p. 84. 1805, p. 128. 1803, p. 82. 1799, p. 11. 1798, p. 18. 1794, p. 102, 115. 1787, p. 7.

2016. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

ANNOTATIONS

Analysis

1. Construction with other laws.
2. Perpetual leases.
3. Acknowledgment.
4. Burden of proof.

1. Construction with other laws.

Use or omission of word "profits" in statute governing public lands lacked legal significance, since statute and its predecessors granting towns authority to reserve "rent" were intended by Legislature to include authority to reserve profits as well. Galkin v. Town of Chester, 168 Vt. 82, 716 A.2d 25 (1998).

Action in trespass under 13 V.S.A. § 3606 for treble damages for cutting timber could be maintained by plaintiff holding under "durable lease" from selectboard of town against defendant who was stranger to plaintiff's title. Taylor v. Blake, 109 Vt. 88, 191 A. 923 (1937).

2. Perpetual leases.

Lease of school lands that did not have provision for term "as long as grass grows or water runs," or equivalent words, was not so-called durable or perpetual lease as such leases have been defined from early days of this jurisdiction, and since no term was specified and rent was payable annually, tenancy was from year to year. Johnson v. Selectmen of Salisbury, 120 Vt. 6, 132 A.2d 423 (1957).

Authority conveyed by statute upon towns and university to lease gospel, school, and college lands includes the power to execute so-called durable leases, for "as long as grass grows and water runs," with covenants for rent and a right of reentry for breach of condition. Jones v. Vermont Asbestos Corp., 108 Vt. 79, 182 A. 291 (1935).

Court will take judicial notice as matter of common knowledge that from early days of Vermont, greater part of public lands have been leased by "durable leases," that is, by leases reserving rent payable annually, with right of re-entry for nonpayment of rent, and for term "as long as grass grows or water runs," or equivalent terms. University of Vermont v. Ward, 104 Vt. 239, 158 A. 773 (1931).

Legislature has power to authorize trustees of public lands to execute leases thereof with terms coextensive with life of trust, that is, forever. University of Vermont v. Ward, 104 Vt. 239, 158 A. 773 (1931).

Legislative history shows it was legislative intent that durable leases of public lands should create relation of landlord and tenant, between parties, and that they are valid leases on long terms and not conveyances in fee. University of Vermont v. Ward, 104 Vt. 239, 158 A. 773 (1931).

3. Acknowledgment.

Lease of public lands by selectboard members may be acknowledged by them after expiration of their term of office. Lemington v. Stevens, 48 Vt. 38 (1875).

4. Burden of proof.

Burden of proof is on plaintiff to show that selectboard had right of possession and that it thereby could grant a novated lease of glebe lot to him pursuant to this section and section 2402 of this title. Spaulding v. H. E. Fletcher Company, 124 Vt. 318, 205 A.2d 556 (1964).

§§ 2404, 2405. Repealed. 2011, No. 155 (Adj. Sess.), § 12.

History

Former §§ 2404, 2405. Former § 2404, relating to rents of other lands, how divided and applied, was derived from V.S. 1947, § 3622; P.L. § 3539; G.L. § 3983; P.S. § 3482; V.S. § 3031; R.L. § 2707; 1878, No. 111 ; 1874, No. 32 ; 1870, No. 72 ; 1869, No. 34 ; G.S. 97, § 5; R.S. 85, § 5; 1818, p. 84; 1803, p. 82; 1798, p. 18.

Former § 2405, relating to contract under previous law not affected, was derived from V.S. 1947, § 3623; P.L. § 3540; G.L. § 3984; P.S. § 3483; V.S. § 3032; R.L. § 2708; G.S. 97, § 6; R.S. 85, § 6.

Annotations From Former § 2404

1. Constitutionality.

Income from land granted to Town of Franklin, under its charter, for the support of the ministry, could not be distributed to any religious organization where town held title to land and income was thus public money; such direct municipal subsidy of religion was unconstitutional under First Amendment, and income was henceforth to become part of general revenue of the town. Mikell v. Town of Williston, 129 Vt. 586, 285 A.2d 713 (1971).

2. Liability of selectboard.

Selectboard in making division among different religious societies of rents of lands granted to the use of ministry does not act in ministerial but in judicial capacity; and therefore is not liable for an erroneous division of such rents, provided in making it the board acts in good faith and with reasonable care and diligence, even though such error arose from improperly admitting or excluding evidence upon matter in question. First Universalist Society v. Leach, 35 Vt. 108 (1862).

3. Mandamus.

Mandamus will not lie in favor of spiritual society against selectboard to compel it to allot to society equal share of public money given by law to religious societies, where money had been divided before petition was brought; as an order to allot would be nugatory; nor will it lie against its successors in office; as there is no person to whom to direct writ, and no breach of duty, complained of as to them. Spiritual Atheneum Soc'y v. Selectmen of Randolph, 58 Vt. 192, 2 A. 747 (1885).

4. Evidence.

Neither schedule of members of religious society, as furnished by its clerk, nor its records, are conclusive evidence on matter of division by selectboard as to who are its members. First Universalist Society v. Leach, 35 Vt. 108 (1862).

§ 2406. Conveyance of leaseholds; trust funds.

Educational, ecclesiastical, or municipal corporations may convey by deed the fee simple in lands the title to or use of which is held by such corporations under State or colonial grant for purposes defined in such grants. Such conveyance may be made to the owner and holder of leasehold rights in such land if such lands are then held under lease, but shall not be made to other than such holders of leasehold interests except subject to such leasehold interest, if any, or simultaneously with the extinguishment thereof.
Such lands may be condemned in accordance with and in the manner provided by law.
The funds received in consideration of such conveyance or awarded such corporations as damages in condemnation proceedings shall be kept intact, in trust, by such corporations as endowment funds, and the income only shall be used for the purposes for which such lands were originally granted.
Such lands as may be sold, conveyed, or condemned as provided in this section shall thereafter be subject to taxation as are other lands.

History

Source. V.S. 1947, § 3624. 1937, No. 56 , §§ 1, 2. 1935, No. 65 , § 1.

2016. Added the subsec. (a)-(d) designations.

ANNOTATIONS

Analysis

1. Prior law.
2. Validity of section.
3. Consent to conveyance.

1. Prior law.

Conveyances in fee of our public lands, when the statute authorizes only leases reserving rent, are void as conveyances, though they may operate as licenses to enter, and, if they contain sufficient description, they give color of title. Capen's Administrator v. Sheldon, 78 Vt. 39, 61 A. 864 (1905).

Town can give no title to glebe land except by lease with annual rent, as pointed out by statute. Lampson v. Town of New Haven, 2 Vt. 14 (1829).

Selectboards of the several towns in this State, in which there is a glebe right, have no authority to make any conveyance in fee of such lands. Bush v. Whitney, 1 D. Chip. 369 (1821).

2. Validity of section.

Where religious organization held legal title to land granted to its predecessor religious organization under town charter, and town held no title to the land, income from the land could constitutionally be used for support of the religious organization and there was no unconstitutional allocation of public funds. Mikell v. Town of Williston, 129 Vt. 586, 285 A.2d 713 (1971).

Legislature has power to authorize conveyance in fee simple of gospel and school lands held by town and of college lands held by university, free from charitable trusts under which such lands are held, and without consent of beneficiaries thereof, proceeds of such sale are to be impressed with trust and administered for purposes for which grants were made. Jones v. Vermont Asbestos Corp., 108 Vt. 79, 182 A. 291 (1935).

3. Consent to conveyance.

Consent of selectboard to conveyance in fee under statutory authorization of lands held by town as charitable trust is consent of town as trustee, and nothing more is necessary. Jones v. Vermont Asbestos Corp., 108 Vt. 79, 182 A. 291 (1935).

§ 2407. Repealed. 1985, No. 196 (Adj. Sess.), § 18.

History

Former § 2407. Former § 2407, relating to acquisition of land for municipal forests, was derived from 1951, No. 74 , § 1 and amended by 1973, No. 148 (Adj. Sess.), § 6.

§ 2408. Exceptions.

Any land acquired by virtue of the provisions of section 2407 of this title shall be deemed a municipal forest. A town which has such forest on the effective date of section 2407 of this title, or acquires one hereunder, shall be deemed to have complied with the provisions of such section.

History

Source. 1951, No. 74 , § 2.

Reference in text. Section 2407 of this title, referred to in this section, was repealed by 1985, No. 196 (Adj. Sess.), § 18.

Revision note. Substituted "section 2407 of this title" for "sections 2407, 2408 of this title" and substituted "section" for "sections" to conform to V.S.A. style.

§ 2409. Retention of municipal ownership of lease lands.

As used in this section:
1. "Legislative body" means the officer or officers of a municipal corporation who are charged with the care of the municipal corporation's lease lands.
2. "Lessee" means the person entitled to possess, enjoy, and use land subject to a perpetual lease and shall include the person's heirs, executors, administrators, and assigns.
3. "Municipal corporation" shall have the same meaning as "municipality" in 1 V.S.A. § 126 and shall also include every municipal corporation identified in subdivision 1751(1) of this title, county grammar schools, any unorganized towns and gores in the State, and any of the unified towns and gores of Essex County. "Municipal corporation" shall not include the University of Vermont and State Agricultural College.
4. "Perpetual lease" means any leasehold interest in Vermont land, and every estate in Vermont land other than fee simple absolute, the title to which is held by a municipal corporation according to section 2401 of this title, arising out of or created by an instrument of lease that conveys to a person designated as lessee the right to possess, enjoy, and use the land in perpetuity or substantially in perpetuity. "Perpetual lease" shall include leasehold interests that are subject to restrictions on the lessee's use of the land and shall include lands that the municipal corporation may repossess for nonpayment of rent or other default under the terms of the lease.
5. "Perpetual lease land" means all land described in a perpetual lease that is owned by or vested in a municipal corporation. "Perpetual lease land" does not include land described in a perpetual lease that is held in title by any person other than a municipal corporation, or any land described in a perpetual lease over which the municipal corporation acts exclusively as trustee.
1. On January 1, 2020, fee simple title to perpetual lease lands shall vest in the current lessee of record, free and clear of the interest of a municipal corporation in the perpetual lease lands held in accordance with section 2401 of this title, unless prior to that date the legislative body of the municipal corporation votes in the affirmative to retain ownership of some or all of the perpetual lease lands within that municipal corporation. (b) (1) On January 1, 2020, fee simple title to perpetual lease lands shall vest in the current lessee of record, free and clear of the interest of a municipal corporation in the perpetual lease lands held in accordance with section 2401 of this title, unless prior to that date the legislative body of the municipal corporation votes in the affirmative to retain ownership of some or all of the perpetual lease lands within that municipal corporation.
2. At any time, the legislative body of a municipal corporation may vote to relinquish its interest in some or all of the perpetual lease lands within that municipal corporation held in accordance with section 2401 of this title. Upon such a vote, fee simple title to perpetual lease lands shall vest in the current lessee of record.
3. When fee simple title to perpetual lease land vests in the current lessee of record pursuant to this subsection, the land shall remain subject to any other encumbrances of record, including municipal encumbrances and easements.
Nothing in this section shall prevent a municipal corporation that has retained its interest in perpetual lease land held in accordance with section 2401 of this title from later conveying the land in accordance with section 2406 of this title.
Added 2017, No. 152 (Adj. Sess.), § 1.

Subchapter 2. Public Funds

§ 2431. Trustees of public funds.

Real and personal estate, except U.S. public money, held by a town in trust for any purpose, including cemetery trust funds, unless the person giving the same otherwise directs, shall be under the charge and management of three trustees, elected by the town when the town so votes. At the meeting when such trustees are first elected, they shall be elected for the following terms: one for one year, one for two years, and one for three years. Their successors shall be elected for the term of three years, but a person chosen to fill a vacancy caused by death, resignation, or otherwise shall serve only for the remainder of the unexpired term.

History

Source. V.S. 1947, § 3625. P.L. § 3541. G.L. § 3986. P.S. § 3485. V.S. § 3034. 1888, No. 11 , § 1.

§ 2432. Powers and duties; investments.

1. The trustees shall apply estate income to the purpose for which it is held, and deeds or contracts made by them shall be in the name of the town. (a) (1) The trustees shall apply estate income to the purpose for which it is held, and deeds or contracts made by them shall be in the name of the town.
2. The trustees may:
  1. lease, sell, or convey real estate so held and invest the funds received therefrom; and
  2. lend estate money at annual or semiannual interest, and as security for each loan shall take deeds or mortgages of real estate in this State.
The trustees may invest in:
1. any security, including a revenue obligation, issued, insured, or guaranteed by the United States;
2. municipal bonds or other bonds that are rated at the time of the transaction by a nationally recognized statistical rating organization, as defined in 15 U.S.C. § 78c (a)(62) as may be amended, in one of its four highest categories;
3. repurchase agreements or debt securities of any federally insured financial institution as defined in 8 V.S.A. § 11101(32) ;
4. the shares of an investment company, or an investment trust, such as a mutual fund, closed-end fund, or unit investment trust, that is registered under the federal Investment Company Act of 1940, as amended, if the mutual investment fund has been in operation for at least five years and has net assets of at least $100,000,000.00; or
5. deposits in federally insured financial institutions as defined in 8 V.S.A. § 11101(32) .
1. The trustees shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds have been invested, as well as the proceeds of the investments. (c) (1) The trustees shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds have been invested, as well as the proceeds of the investments.
2. The trustees are encouraged to invest in financial institutions operating in the State and in investments within the State that will result in reinvestment in Vermont.
3. The provisions of this section as to future investments shall not require the liquidation or disposition of securities legally acquired and held.
4. If the municipality has adopted an investment policy, the trustees shall invest in accordance with the provisions of the municipal policy that do not conflict with this section.
The trustees may delegate management and investment of funds under their charge to the extent that is prudent under the terms of the trust or endowment, and in accordance with section 3415 (delegation of management and investment functions) of the Uniform Prudent Management of Institutional Funds Act, 14 V.S.A. chapter 120. Notwithstanding the limitations on investments set forth in subsection (b) of this section, an agent exercising a delegated management or investment function, if investing, shall invest the funds in a publicly traded security that is:
1. registered with the Securities and Exchange Commission pursuant to 15 U.S.C. § 78l and listed on a national securities exchange;
2. issued by an investment company registered pursuant to 15 U.S.C. § 80a -8;
3. a corporate bond registered as an offering with the Securities and Exchange Commission pursuant to 15 U.S.C. § 78l and issued by an entity whose stock is a publicly traded security;
4. a municipal security;
5. a deposit in federally insured financial institutions as defined in 8 V.S.A. § 11101(32) ; or
6. a security issued, insured, or guaranteed by the United States.
  Amended 2003, No. 150 (Adj. Sess.), § 8; 2017, No. 123 (Adj. Sess.), § 1, eff. May 3, 2018.

History

Source. 1957, No. 194 , § 1. 1951, No. 69 , § 1. 1947, § 3626. 1943, No. 45 , § 1. P.L. § 3542. 1933, No. 46 . G.L. § 3987. P.S. § 3486. 1898, No. 54 , § 1. V.S. § 3035. 1888, No. 11 , §§ 1, 2.

Reference in text. The federal Investment Company Act of 1940, referred to in subdiv. (b)(4), is codified as 15 U.S.C. § 80a-1 et seq.

Amendments--2017 (Adj. Sess.). Section amended generally.

Amendments--2003 (Adj. Sess.) Section amended generally.

Severability of enactment. 2003, No. 150 (Adj. Sess.), § 7, provided: "If any provision of this act [which amends this section] or its application to any person or circumstance is held invalid or in violation of the constitution or laws of the United States, the invalidity or the violation shall not affect other provisions of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable".

§ 2433. Bonds; actions.

The trustees shall give bonds to the satisfaction of the selectboard, conditioned for the faithful performance of their duties. In the name of the town they may prosecute and defend a suit or action for the recovery or protection of the estate entrusted to their care.

History

Source. V.S. 1947, § 3627. P.L. § 3543. G.L. § 3988. P.S. § 3487. V.S. § 3036. 1888, No. 11 , §§ 1, 2.

2016. Substituted "selectboard" for "selectmen" in the first sentence in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

§ 2434. Report.

The trustees shall report to the annual town meeting the amount of the funds in their hands, the manner and condition of its investment, and the disposal of the income thereof. If any part of such fund is school money, such trustees shall make like report to the State Board of Education.

History

Source. V.S. 1947, § 3628. P.L. § 3544. G.L. § 3989. P.S. § 3488. V.S. § 3037. 1888, No. 11 , § 4.

CHAPTER 67. PARKS AND SHADE TREES

Sec.

§ 2501. Laying out parks.

A fifth or 50 or more of the freeholders of a town, desiring to have a public park or a public square laid in such town for the erection of a soldiers' monument or for other public purpose, may apply by petition in writing to the selectboard of the town requesting them to lay out such park or square.
The selectboard shall thereupon examine the premises and appoint a time and place for hearing parties interested, and shall proceed in setting out land, awarding damages, and in all other particulars, as in laying out a highway upon petition of three freeholders.
Persons aggrieved by the action of the selectboard shall have the same remedies as are provided for persons aggrieved by the action of selectboard in the laying out of a highway.

History

Source. V.S. 1947, § 3647. P.L. § 3562. G.L. § 3985. 1910, No. 111 , § 1. P.S. § 3484. V.S. § 3033. R.L. § 2709. 1880, No. 130 .

2016. Substituted "selectboard" for "selectmen" in four places in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

Added the subsec. (a)-(c) designations.

Editor's note. The language "laying out a highway upon petition of three freeholders" at the end of the second sentence is obsolete. The law now provides that persons who are either voters or landowners, and whose number is at least five percent of the voters in the town, may petition the selectboard to lay out a highway. See 19 V.S.A. § 708.

Cross References

Cross references. Laying out of highways by selectboard, see 19 V.S.A. ch. 7.

ANNOTATIONS

1. Purposes.

This section authorizes taking only of plot of land suitable for erection of soldiers' monument or like or similar purpose, so that attempted taking by selectboard for park purposes of pond more than twenty acres in area and of about ten acres of land adjacent thereto was not within authority granted by the statute. Lorenz v. Campbell, 110 Vt. 200, 3 A.2d 548 (1938); Blanchard v. Town of Pownal, 110 Vt. 205, 3 A.2d 551 (1938).

§ 2501a. Definitions.

As used in this chapter:

"Public place" means municipal property, including a municipal park, a recreation area, or a municipal building. "Public place" shall not include any municipal forestland or property that is subject to any ownership interest held by the Agency of Transportation.
"Public way" means a right-of-way held by a municipality, including a town highway.
"Shade tree" means a shade or ornamental tree located in whole or in part within the limits of a public way or public place, provided that the tree:
1. was planted by the municipality; or
2. is designated as a shade tree pursuant to a municipal shade tree preservation plan pursuant to section 2502 of this title.
  Added 2019, No. 171 (Adj. Sess.), § 2, eff. Nov. 1, 2020.

§ 2502. Tree wardens and preservation of shade trees.

The tree warden shall control all shade trees within the municipality.
The tree warden and the legislative body of the municipality may adopt a shade tree preservation plan. The plan shall:
1. describe any program for the planting of new trees and shrubs;
2. provide for the maintenance of shade trees through feeding, pruning, and protection from noxious insect and disease pests;
3. determine the apportionment of costs for tree warden services provided to other municipal corporations;
4. determine whether tree maintenance or removal on specific municipal property shall require the approval of another municipal officer or legislative body; and
5. determine the process, not inconsistent with this chapter, for the removal of:
  1. diseased, dying, or dead shade trees; and
  2. any shade trees that create a hazard to public safety, impact a disease or insect control program, or must be removed to comply with State or federal law or permitting requirements.
The shade tree preservation plan may:
1. map locations or zones within the municipality where all trees in whole or in part within a public way or place shall be designated as shade trees; and
2. designate as a shade tree any tree in whole or in part within a public way, provided that the tree warden and legislative body of the municipality find that the tree is critical to the cultural, historical, or aesthetic character of the municipality.
The tree warden and legislative body of the municipality shall hold a minimum of one public hearing concerning the shade tree preservation plan for the purpose of soliciting public input. The legislative body shall publish the proposed plan 10 days prior to the public hearing.
For the purpose of promoting the public health, safety, welfare, and convenience, a municipality shall have authority to adopt an ordinance that is not inconsistent with this chapter for the administration of the shade tree preservation plan and the regulation of shade trees. The tree ordinance shall be adopted pursuant to chapter 59 of this title.
Amended 1969, No. 238 (Adj. Sess.), § 1; 2019, No. 171 (Adj. Sess.), § 2, eff. Nov. 1, 2020.

History

Source. V.S. 1947, § 3779. P.L. § 3684. 1933, No. 157 , § 3458. G.L. § 4144. P.S. § 3612. 1906, No. 99 , § 1. 1904, No. 76 , §§ 1, 2, 4, 8.

Amendments--2019 (Adj. Sess.). Section amended generally.

Amendments--1969 (Adj. Sess.). Section amended generally.

§ 2503. Appropriations.

A municipality may appropriate a sum of money to be expended by the tree warden, mayor, aldermen, selectboard, or trustees for the purpose of carrying out this chapter.

Amended 1969, No. 238 (Adj. Sess.), § 2; 2019, No. 171 (Adj. Sess.), § 2, eff. Nov. 1, 2020.

History

2016. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

Source. V.S. 1947, § 3780. P.L. § 3685. 1933, No. 157 , § 3459. G.L. § 4037. P.S. § 3535. R. 1906, § 3417. 1904, No. 76 , § 2. V.S. § 3084. 1890, No. 71 . 1888, No. 154 . 1884, No. 10 . 1884, No. 20 .

Revision note. References to "mayor and aldermen" and "trustees" were added pursuant to V.S. 1947, § 3759, to which this section was subject in V.S. 1947. V.S. 1947, § 3759 is codified as § 2001 of this title.

Amendments--2019 (Adj. Sess.). Deleted "or if one is not appointed, by the" preceding "mayor."

Amendments--1969 (Adj. Sess.). Section amended generally.

§ 2504. Removal of shade trees; exception.

The tree warden may remove or cause to be removed from the public ways or places any trees that are infested with or infected by a tree pest or that constitute a public hazard. The notice and hearing requirements of section 2509 of this chapter shall not apply to the removal of infested or infected trees.
The tree warden may determine that an owner or lessee of abutting property has sufficiently controlled all insect pests or tree diseases upon the trees within the limits of a public way or place abutting the property and may determine that it is not necessary to remove the trees.
Amended 1969, No. 238 (Adj. Sess.), § 3; 2019, No. 171 (Adj. Sess.), § 2, eff. Nov. 1, 2020.

History

Source. V.S. 1947, § 3781. 1943, No. 42 , § 1. P.L. § 3686. 1933, No. 157 , § 3460. G.L. § 4145. P.S. § 3613. 1906, No. 99 , § 1. 1904, No. 76 , § 4.

Amendments--2019 (Adj. Sess.). lnserted "shade" in the section heading and amended the section generally.

Amendments--1969 (Adj. Sess.). Section amended generally.

§ 2505. Deputy tree wardens.

The legislative body of the municipality may appoint deputy tree wardens who shall serve under the direction of the tree warden and shall have the same duties and authority as the tree warden. The legislative body of the municipality may dismiss a deputy tree warden at its pleasure.

Amended 2019, No. 171 (Adj. Sess.), § 2, eff. Nov. 1, 2020.

History

Source. V.S. 1947, § 3782. P.L. § 3687. G.L. § 4146. P.S. § 3614. 1906, No. 99 , § 1. 1904, No. 76 , § 1.

Amendments--2019 (Adj. Sess.). Section amended generally.

§ 2506. Regulations for protection of shade trees.

A tree warden shall enforce all laws relating to shade trees and may propose to the legislative body of the municipality the rules, ordinances, or regulations for the planting, protection, care, or removal of public shade trees as he or she deems expedient. The legislative body of the municipality may adopt the rules, ordinances, or regulations pursuant to the provisions of chapter 59 of this title.

Amended 1969, No. 238 (Adj. Sess.), § 4; 2019, No. 171 (Adj. Sess.), § 2, eff. Nov. 1, 2020.

History

Source. V.S. 1947, § 3783. P.L. § 3688. G.L. § 4148. P.S. § 3616. 1906, No. 99 , § 1. 1904, No. 76 , § 1.

Revision note. Reference to "chapter 50A" of this title was changed to "chapter 59" to conform reference to renumbering of the chapter.

Amendments--2019 (Adj. Sess.). Section amended generally.

Amendments--1969 (Adj. Sess.). Section amended generally.

§ 2507. Cooperation.

With consent of the legislative body of the municipality, the tree warden may:

enter into financial or other agreements with the owners of land adjoining or facing public ways and places for the purpose of encouraging and effecting the shade tree preservation plan;
enter into agreements with other municipal corporations to provide tree warden services or training; and
cooperate with federal, State, county, or other municipal governments, agencies, or other public or private organizations or individuals and may accept on behalf of the municipality any funds, equipment, supplies, or services from organizations and individuals, or others, as deemed appropriate for use in carrying out the purposes of this chapter.
Amended 1969, No. 238 (Adj. Sess.), § 5; 2019, No. 171 (Adj. Sess.), § 2, eff. Nov. 1, 2020.

History

Source. V.S. 1947, § 3784. P.L. § 3689. 1933, No. 157 , § 3463. G.L. § 4149. P.S. § 3617. 1906, No. 99 , § 1. 1904, No. 76 , § 2.

Amendments--2019 (Adj. Sess.). Section amended generally.

Amendments--1969 (Adj. Sess.). Section amended generally.

§ 2508. Cutting shade trees prohibited.

Except as otherwise provided in 19 V.S.A. chapter 9, a shade tree shall not be cut or removed, in whole or in part, except by a tree warden or his or her deputy or by a person having the written permission of a tree warden.

Amended 2019, No. 171 (Adj. Sess.), § 2, eff. Nov. 1, 2020.

History

Source. V.S. 1947, § 3785. P.L. § 3690. 1921, No. 108 . G.L. § 4150. P.S. § 3618. 1906, No. 99 , § 1. 1904, No. 76 , § 3.

Amendments--2019 (Adj. Sess.). Substituted "Cutting shade trees prohibited" for "Cutting shade trees; regulations" in the section heading and "Except as otherwise provided in 19 V.S.A. chapter 9, a" for "Unless otherwise provided, a public."

§ 2509. Cutting shade trees; notice and hearing.

The tree warden shall post public notice of the intent to cut or remove a shade tree. The notice shall be posted a minimum of 15 days prior to cutting or removing the tree. If the cutting or removal is appealed pursuant to subsection (c) of this section, the legislative body of the municipality shall hold a public hearing. This subsection shall not apply to the cutting or removal of a shade tree or trees that:
1. are infested with or infected by, or at risk to become infested with or infected by, a tree pest and are located in an infestation area designated by the Agency of Agriculture, Food and Markets and Department of Forests, Parks and Recreation;
2. are a hazard to public safety; or
3. must be removed for the municipality to comply with State or federal law or permitting requirements.
1. The tree warden shall post public notice of the intent to cut or remove a shade tree or group of shade trees pursuant to subsection (a) of this section in at least two conspicuous locations within the municipality. The tree warden shall post the public notice in or near the office of the clerk of the municipality. (b) (1) The tree warden shall post public notice of the intent to cut or remove a shade tree or group of shade trees pursuant to subsection (a) of this section in at least two conspicuous locations within the municipality. The tree warden shall post the public notice in or near the office of the clerk of the municipality.
2. When the shade tree or group of shade trees are located on property held in fee by another, the municipality shall notify each abutting landowner at the landowner's address of record.
1. Within 15 days after the posting of public notice, a resident or landowner may appeal in writing to the legislative body of the municipality to object to the cutting or removal of a shade tree. The legislative body of the municipality shall give notice of the appeal to the tree warden. (c) (1) Within 15 days after the posting of public notice, a resident or landowner may appeal in writing to the legislative body of the municipality to object to the cutting or removal of a shade tree. The legislative body of the municipality shall give notice of the appeal to the tree warden.
2. Within 10 business days after receipt of an appeal, the legislative body of the municipality shall hold a public hearing with the tree warden to receive public comment on the proposed cutting or removal of the shade tree. The tree warden shall stay action on the proposed removal until the legislative body of the municipality renders a final decision on the appeal.
In all cases, the decision of the legislative body of the municipality shall be final.
Amended 1969, No. 238 (Adj. Sess.), § 6; 2017, No. 74 , § 100; 2019, No. 171 (Adj. Sess.), § 2, eff. Nov. 1, 2020.

History

Source. V.S. 1947, § 3786. P.L. § 3691. 1933, No. 157 , § 3465. 1921, No. 108 . G.L. § 4150. P.S. § 3618. 1906, No. 99 , § 1. 1904, No. 76 , § 3.

2016. Added the subsec. (a) and (b) designations.

Amendments--2019 (Adj. Sess.). Inserted "Notice and" in the section heading and amended the section generally.

Amendments--2017. Section heading: Inserted "Cutting shade trees;" preceding "hearing".

Amendments--1969 (Adj. Sess.). Section amended generally.

ANNOTATIONS

Analysis

1. Abutting landowners.
2. Failure to hold hearing.

1. Abutting landowners.

Owner of lot abutting on street has property right to shade trees in front of premises, sufficient to enable him to maintain action for damages against tree warden who cut and removed them without complying with statutory provision for hearing in relation thereto, even though fee of street was in public, basis of recovery being injury resulting to abutting property thereby. Skinner v. Buchanan, 101 Vt. 159, 142 A. 72 (1928).

2. Failure to hold hearing.

Although shade trees within limits of public way or place in village are to be deemed public shade trees, and, with exception of those in public parks and places under control of park commissioners, are under care and control of village's tree warden, latter cannot justify cutting and removal of such trees merely because of his official position and that he acted in good faith believing the trees dangerous to public, where he failed to comply with statutory requirements of this section respecting a public hearing thereon, and violated the statutory inhibition against action without such hearing. Skinner v. Buchanan, 101 Vt. 159, 142 A. 72 (1928).

In action against tree warden of village by owner of lot abutting street for cutting and removing two shade trees therein in front of his premises, claim of tree warden that his decision as to advisability of cutting or removing tree was made final by this section, and thus failure to comply with statute respecting public hearing was therefore of no consequence, was untenable, since such hearing might cause warden to reach different conclusion, and, also, because his decision could be reviewed by selectboard or trustees upon request in writing of party in interest. Skinner v. Buchanan, 101 Vt. 159, 142 A. 72 (1928).

§ 2510. Penalty.

Whoever shall willfully mar or deface a shade tree without the written permission of a tree warden or legislative body of the municipality shall be fined not more than $50.00 for the use of the municipality.
Any person who willfully and critically injures or cuts down a shade tree without written permission of the tree warden or the legislative body of the municipality shall be fined pursuant to 13 V.S.A. § 3602 for each tree so injured or cut, for the use of the municipality.
Amended 1969, No. 238 (Adj. Sess.), § 7; 2019, No. 171 (Adj. Sess.), § 2, eff. Nov. 1, 2020.

History

Source. V.S. 1947, § 3787. P.L. § 3692. 1933, No. 157 , § 3466.

2016. Added the subsec. (a) and (b) designations.

Amendments--2019 (Adj. Sess.). Subsec. (a): Deleted "public" preceding "shade tree."

Subsec. (b): Substituted "who willfully and critically" for "who, willfully, critically"; deleted "public" preceding "shade tree"; and substituted "pursuant to 13 V.S.A. § 3602" for "not more than $500.00."

Amendments--1969 (Adj. Sess.). Section amended generally.

§ 2511. Control of infestations.

When an insect or disease pest infestation upon or in shade or private trees threatens other public or private trees, is considered detrimental to a municipal shade tree preservation program, or threatens the public safety, the tree warden may request surveys and recommendations for control action from the Secretary of Agriculture, Food and Markets or Commissioner of Forests, Parks and Recreation in accordance with 6 V.S.A. chapter 84.

Amended 1969, No. 238 (Adj. Sess.), § 8; 2003, No. 42 , § 2, eff. May 27, 2003; 2019, No. 171 (Adj. Sess.), § 2, eff. Nov. 1, 2020.

History

Source. V.S. 1947, § 3788. P.L. § 3693. 1933, No. 157 , § 3467. G.L. § 4151. P.S. § 3619. 1906, No. 99 , § 1. 1904, No. 76 , § 4. 1898, No. 156 , § 1.

Revision note. Substituted "commissioner of agriculture, food and markets" for "commissioner of agriculture" in the first and second sentences for purposes of conformity with 1989, No. 256 (Adj. Sess.), § 10(a).

Amendments--2019 (Adj. Sess.). Section amended generally.

Amendments--2003. Substituted "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets" in two places and "secretary" for "commissioner" once.

Amendments--1969 (Adj. Sess.). Section amended generally.

§ 2512. Repealed. 1969, No. 238 (Adj. Sess.), § 9.

History

Former § 2512. Former § 2512, relating to expenditures for control of infestations, was derived from V.S. 1947, § 3789; P.L. § 3694; 1933, No. 157 , § 3468; G.L. § 4152; P.S. § 3620; 1906, No. 99 , § 1; 1904, No. 76 , § 4; 1898, No. 156 , § 2.

CHAPTER 69. HEALTH SERVICES

Sec.

Cross References

Cross references. Local health officials, see 18 V.S.A. ch. 11.

§ 2601. Aid to hospitals.

At any legal meeting thereof, a town or incorporated village may appropriate such sums of money as it deems necessary for the erection, equipment, or support of any nonsectarian hospital established within the county where such town is located, or in an adjoining county, or in an adjoining county in another state.

History

Source. V.S. 1947, § 3649. P.L. § 3564. 1933, No. 48 , § 1. 1933, No. 157 , § 3319. 1929, No. 55 . 1923, No. 69 , § 1. 1919, No. 103 , § 1. G.L. § 4034. P.S. § 3532. 1896, No. 62 , § 1.

Cross References

Cross references. Licensing of hospitals, see 18 V.S.A. ch. 43.

§ 2602. Free hospital beds.

A town may appropriate such sums of money, not exceeding $700.00, for a free hospital bed or beds for a period of not less than one year and may appropriate such sum of money, not exceeding $5,000.00, for the permanent endowment of a free hospital bed or beds, as such town or city deems advisable, for the use of the inhabitants of such municipality as are entitled to receive assistance by reason of their indigent circumstances.

History

Source. V.S. 1947, § 3650. P.L. § 3565. 1933, No. 157 , § 3320. 1919, No. 102 , § 2. G.L. § 4035. 1915, No. 118 , § 1. P.S. § 3533. 1900, No. 136 , §§ 1, 2.

§ 2603. Contract with hospital.

The treasurer of a municipality making an appropriation, as provided in section 2602 of this title, may make a contract with such hospital concerning the admission of patients thereto. The rate, rules, and regulations governing such admission shall be approved by the selectboard of such town or the city council of such city before a payment is made to such hospital.

History

Source. V.S. 1947, § 3651. P.L. § 3566. G.L. § 4036. P.S. § 3534. 1900, No. 136 , § 3.

2016. Substituted "selectboard" for "selectmen" in the second sentence in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

§ 2604. Joint action by municipalities.

A municipality may appropriate a sum of money to secure a licensed physician or a registered nurse, or both, or provide ambulance service, and may join with adjacent municipalities in providing these services.

Amended 1967, No. 327 (Adj. Sess.), § 1, eff. March 23, 1968.

History

Source. 1949, No. 77 . V.S. 1947, § 3652. P.L. § 3567. 1933, No. 157 , § 3322. 1931, No. 49 . 1927, No. 56 . 1921, No. 100 , § 1. G.L. § 4156. 1917, No. 107 , § 1. 1912, No. 128 , § 1. P.S. § 3623. 1906, No. 100 , § 1. 1896, No. 63 , § 1.

Amendments--1967 (Adj. Sess.). Added reference to "ambulance service."

Cross References

Cross references. Ambulance services, see ch. 71 of this title.

§ 2605. Physician's residence - Purchase.

Municipalities, separately or by compact, may purchase and maintain a residence for a physician, and may contract with the physician for his or her occupancy on a lease-purchase option basis, upon approval of the question and the money therefor, by vote at a regular or special meeting, duly warned for that purpose.

1967, No. 152 , § 1, eff. April 15, 1967.

History

Prior law. 24 V.S.A. § 2604a.

§ 2606. Physician's residence; financing.

Municipalities and compacts may borrow the money so voted upon notes signed by the treasurer of the municipality or compact.

Added 1967, No. 152 , § 2, eff. April 15, 1967; amended 2017, No. 74 , § 101.

History

Amendments--2017. Section heading: Inserted "Physician's residence;" preceding "financing".

Prior law. 24 V.S.A. § 2604b.

§ 2607. Appropriation for traveling nurse.

Towns, incorporated villages, and incorporated school districts may appropriate a sum for the purpose of employing a registered nurse within such municipality or may join with other adjoining municipalities in employing a registered nurse. The provisions of this section shall not apply to municipal corporations whose charters make provisions for the employment of school, district, or traveling nurses.

History

Source. 1951, No. 70 . V.S. 1947, § 3653. P.L. § 3568. 1933, No. 157 , § 3323. 1931, No. 53 , § 1. G.L. § 4156. 1917, No. 107 , § 1. 1912, No. 128 , § 1. P.S. § 3623. 1906, No. 100 , § 1. 1896, No. 63 , § 1.

Prior law. 24 V.S.A. § 2605.

§ 2608. Appropriations for hospitals; cities may make.

When the charter of a city provides that a board or body, other than the legal voters in city meeting assembled, may assess taxes and appropriate money, such board or body may assess taxes and appropriate such sums of money as it deems necessary for the support of a nonsectarian hospital established in such city and incorporated and existing under and by virtue of the laws of the State.

History

Source. V.S. 1947, § 3750. P.L. § 3655. G.L. § 4126. P.S. § 3599. 1896, No. 62 , § 2.

Prior law. 24 V.S.A. § 2606.

CHAPTER 71. AMBULANCE SERVICES

SUBCHAPTER 1. EMERGENCY MEDICAL SERVICES DISTRICTS

SUBCHAPTER 2. LICENSING OPERATION OF AFFILIATED AGENCIES

Subchapter 1. Emergency Medical Services Districts

History

Revision note. Substituted "Emergency Medical Services Districts" for "Ambulance Districts" as the subchapter heading for purposes of conformity with redesignation of such districts by 1983, No. 226 (Adj. Sess.).

§ 2651. Definitions.

As used in this chapter:

"Advanced emergency medical treatment" means those portions of emergency medical treatment as defined by the Department of Health, which may be performed by licensed emergency medical services personnel acting under the supervision of a physician within a system of medical control approved by the Department of Health.
"Ambulance" means any vehicle, whether air, ground, or water, that is designed, constructed, used, or intended for use in transporting ill or injured persons.
"Ambulance service" means a person licensed by the Department of Health to provide emergency medical treatment and transportation to ill or injured persons.
"Basic emergency medical treatment" means those portions of emergency medical treatment, as defined by the Department of Health, which may be exercised by licensed emergency medical services personnel acting under their own authority.
"District board" means the board of directors of a district appointed under section 2653 of this title.
"Emergency medical personnel" means persons, including volunteers, licensed by the Department of Health to provide emergency medical treatment on behalf of an affiliated agency whose primary function is the provision of emergency medical treatment. The term does not include duly licensed or registered physicians, dentists, nurses, or physician assistants when practicing in their customary work setting.
"Emergency medical services" means an integrated system of personnel, equipment, communication, and services to provide emergency medical treatment.
"Emergency medical services district" means a political subdivision established to facilitate the provision of pre-hospital emergency medical treatment within a given area.
"Emergency medical treatment" means pre-hospital, in-hospital, and interhospital medical treatment rendered by emergency medical personnel given to individuals who have experienced sudden illness or injury in order to prevent loss of life, the aggravation of the illness or injury, or to alleviate suffering. Emergency medical treatment includes basic emergency medical treatment and advanced emergency medical treatment.
"First responder service" means a person licensed by the Department of Health to provide emergency medical treatment.
"Medical control" means the entire system of quality assurance and medical accountability for basic and advanced emergency medical treatment as prescribed by this chapter. "Prehospital medical control" shall include direction and advice given to emergency medical personnel by a physician or a person acting under the direct supervision of a physician provided through:
1. off-line medical control functions or direction of emergency medical personnel through use of protocols, review of cases, and determination of outcomes, and through training programs; and
2. on-line medical control functions, via radio or telephone, of field personnel at the site of the emergency and en route to a hospital emergency department.
"Medical facilities" means a hospital providing emergency services to an emergency medical services district.
"Person" means any person, firm, partnership, association, corporation, municipality, or political subdivision, including emergency medical services districts as provided for in this subchapter.
[Repealed.]
"Volunteer personnel" means persons who are licensed by the Department of Health to provide emergency medical treatment on behalf of an affiliated agency without expectation of remuneration for the treatment rendered other than nominal payments and reimbursement for expenses, and who do not depend in any significant way on the provision of such treatment for their livelihood.
"Affiliated agency" means an ambulance service or first responder service licensed under this chapter, including a fire department, rescue squad, police department, ski patrol, hospital, or other entity licensed to provide emergency medical services under this chapter.
Added 1969, No. 112 , § 1, eff. April 22, 1969; amended 1983, No. 226 (Adj. Sess.), § 1; 2011, No. 155 (Adj. Sess.), § 40; 2013, No. 96 (Adj. Sess.), § 151; 2019, No. 166 (Adj. Sess.), § 27, eff. Oct. 1, 2020.

History

Amendments--2019 (Adj. Sess.). Subdiv. (14): Repealed.

Amendments--2013 (Adj. Sess.). Subdiv. (9): Substituted "experienced" for "suffered" following "who have" and made minor stylistic changes in the first sentence.

Amendments--2011 (Adj. Sess.). Substituted "licensed" for "certified" throughout the section; in subdiv. (6), substituted "affiliated agency" for "organization such as an ambulance service or first responder service" in the first sentence, and substituted "physician" for "physicians"' in the last sentence; added "on behalf of an affiliated agency" in subdiv. (15); and added subdiv. (16).

Amendments--1983 (Adj. Sess.). Section amended generally.

§ 2652. Creation of districts.

The Department of Health may divide the State into emergency medical services districts, the number, size, and boundaries of which shall be determined by the Department in the interest of affording adequate and efficient emergency medical services throughout the State.

Added 1969, No. 112 , § 1, eff. April 22, 1969; amended 1983, No. 226 (Adj. Sess.), § 2; 2019, No. 166 (Adj. Sess.), § 27, eff. Oct. 1, 2020.

History

Amendments--2019 (Adj. Sess.). Substituted "Department" for "State Board" preceding "of Health" and for "Board" following "by the", respectively.

Amendments--1983 (Adj. Sess.). Deleted "with the approval of the commissioner of motor vehicles" preceding "may divide the state into" and substituted "emergency medical services" for "ambulance" thereafter and "emergency medical" for "ambulance" following "efficient".

§ 2653. Appointment of directors.

Each emergency medical services district shall have a board of directors, composed of a representative of each of the medical facilities, ambulance services, and first responder services operating within the district, to serve for a term of two years each or until their successors are selected. The affected medical facility, ambulance service, or first responder service may appoint a director to fill any vacancy on the board of directors for the balance of an unexpired term.
The board of directors of an emergency medical services district may adopt bylaws which may contain provisions for the regulation and management of the affairs of the district. The bylaws may provide for creation of committees, including an executive committee, each consisting of two or more directors. An executive committee shall have and exercise all the authority of the board in the manner authorized by the resolution creating such committee.
Representatives shall be chosen by each medical facility, ambulance service, and first responder service before March 1 of each odd-numbered year. Each medical facility, ambulance service, and first responder service shall certify the name of its representative to the Commissioner of Health.
Added 1969, No. 112 , § 1, eff. April 22, 1969; amended 1969, No. 179 (Adj. Sess.), § 1; 1983, No. 226 (Adj. Sess.), § 3.

History

Amendments--1983 (Adj. Sess.). Section catchline: Substituted "Appointment" for "Election".

Subsec. (a): Amended generally.

Subsec. (b): Amended generally.

Subsec. (c): Added.

Amendments--1969 (Adj. Sess.). Subsec. (b): Provided for elections in March rather than December and omitted obsolete provisions relating to initial election.

§ 2654. Repealed. 2021, No. 15, § 9(2).

History

Former § 2654. Former § 2654, relating to recording determination of emergency medical services districts, was derived from 1969, No. 112 , § 1 and amended by 1983, No. 226 (Adj. Sess.), § 4 and 2019, No. 166 (Adj. Sess.), § 27.

§ 2655. Meetings of directors; election of officers.

The board of directors shall hold an annual meeting on or before May 1 in each year, at which a chair, a clerk, and a treasurer shall be elected by the board to serve until the next annual meeting. A vice chair may be elected if the directors so vote. The chair and any vice chair shall be elected from members of the board, but the clerk and treasurer may be elected by the board from the general membership of the emergency medical services district, in which case they shall not be entitled to vote as directors. The directors shall also meet at such other times as they deem advisable.
Each district clerk shall cause to be recorded in the office of the Secretary of State the names of the elected district officers.
Meetings shall be called by the clerk on request of the chair or any two directors. However, in the event that no annual meeting is held on or before March 1 in any year, such a meeting may be called by any director. Five days' written notice of all meetings shall be given to each director, unless waived in writing.
A majority of the directors shall constitute a quorum for the transaction of business at any meeting.
Added 1969, No. 112 , § 1, eff. April 22, 1969; amended 1969, No. 179 (Adj. Sess.), § 2; 1983, No. 226 (Adj. Sess.), § 5.

History

2016 Substituted "chair" for "chairman" and "vice chair" for "vice chairman" throughout the section in accordance with 2013, No. 161 , § 72.

Amendments--1983 (Adj. Sess.). Subsec. (a): Inserted "a clerk" preceding "and a treasurer shall be elected" and "by the board" thereafter in the first sentence and rewrote the third sentence.

Amendments--1969 (Adj. Sess.). Subsec. (a): Substituted "May" for "March".

§ 2656. Duties and powers of officers and directors.

The board of directors shall have full power to manage, control, and supervise the conduct of the district and to exercise in the name of the district all powers and functions belonging to the district, subject to such laws or rules as may be applicable.
The chair of the board of directors shall preside at meetings of directors, and shall perform such other duties as the directors may delegate to him or her.
The treasurer shall have the custody of all monies belonging to the district and shall keep accurate and complete books of account. Prior to assuming his or her duties, the treasurer shall execute a bond in favor of the district, conditioned on the faithful performance of his or her duties, in such sum and with such sureties as the directors approve.
The clerk shall keep minutes of meetings of directors and of the district, and shall record all votes.
The vice chair, if one is elected, shall perform the duties of the chair in the chair's absence.
Added 1969, No. 112 , § 1, eff. April 22, 1969; amended 2019, No. 166 (Adj. Sess.), § 27, eff. Oct. 1, 2020.

History

2016 Substituted "chair" for "chairman" and "vice chair" for "vice chairman" throughout the section in accordance with 2013, No. 161 , § 72.

Amendments--2019 (Adj. Sess.). Subsec. (a): Substituted "rules" for "regulations."

§ 2657. Purposes and powers of emergency medical services districts.

It shall be the function of each emergency medical services district to foster and coordinate emergency medical services within the district, in the interest of affording adequate ambulance services within the district. Each emergency medical services district shall have powers that include the power to:
1. buy, acquire, or lease fixtures and equipment related to district activities;
2. apply for, receive, and accept gifts, bequests, grants-in-aid; State, federal, and local aid; and other forms of financial assistance;
3. enter into agreements and contracts for furnishing technical, educational, and support services related to the provision of emergency medical treatment;
4. appoint and employ agents and employees;
5. impose and collect reasonable charges or fees for its services;
6. monitor the provision of emergency medical services within the district and make recommendations to the Department of Health regarding licensure, relicensure, and removal or suspension of licensure for ambulance vehicles, ambulance services, and first responder services;
7. develop, in conjunction with municipal officials, response plans for the provision of emergency medical treatment and transportation by ambulance services and first responder services within the district;
8. sponsor or approve programs of education approved by the Department of Health which lead to the licensure of emergency medical services personnel;
9. establish medical control within the district with physicians and representatives of medical facilities, including written protocols with the appropriate officials of receiving hospitals defining their operational procedures;
10. assist the Department of Health in a program of testing for licensure of emergency medical services personnel;
11. [Repealed.]
12. develop protocols for providing appropriate response times to requests for emergency medical services.
Two or more contiguous emergency medical services districts by a majority vote of the district board in each of the districts concerned may change the mutual boundaries of their emergency medical services districts. The district boards shall report all changes in district boundaries to the Department of Health.
Property delivered to an ambulance service or first responder service by an emergency medical services district shall remain the property of the district, unless otherwise agreed in writing. Any equipment purchased with federal funds will be managed in accordance with federal guidelines.
Added 1969, No. 112 , § 1, eff. April 22, 1969; amended 1969, No. 207 (Adj. Sess.), § 9, eff. March 24, 1970; 1983, No. 226 (Adj. Sess.), § 6; 2011, No. 155 (Adj. Sess.), § 41; 2019, No. 100 (Adj. Sess.), § 1, eff. May 14, 2020; 2019, No. 166 (Adj. Sess.), § 27, eff. Oct. 1, 2020.

History

2013. In the introductory paragraph of subsec. (a), in the second sentence, deleted ", but are not limited to," following "include" in accordance with 2013, No. 5 , § 4.

Amendments--2019 (Adj. Sess.). Subsec. (a): Act No. 100 substituted "that" for "which" preceding "include".

Subdiv. (a)(3): Act No. 100 deleted "and credentialing" following "services".

Subdiv (a)(6): Act No. 166 substituted "Department of Health" for "State Board."

Subdiv. (a)(11): Repealed by Act No. 100.

Subsec. (b): Act No. 166 substituted "Department of Health" for "State Board."

Amendments--2011 (Adj. Sess.). Subsec. (a): Amended generally.

Amendments--1983 (Adj. Sess.). Section amended generally.

Amendments--1969 (Adj. Sess.). Subsec. (d): Amended generally.

Subchapter 2. Licensing Operation of Affiliated Agencies

History

Amendments--2019 (Adj. Sess.). 2019, No. 100 (Adj. Sess.), § 1 substituted "affiliated agencies" for "ambulance service" in the subchapter heading.

§ 2681. License required; ambulance license requirement.

A person furnishing ambulance services or first responder services shall obtain a license to furnish services under this subchapter.
1. In order to obtain and maintain a license, an ambulance service shall be required to provide its services in a manner that does not discriminate on the basis of income, funding source, or severity of health needs, in order to ensure access to ambulance services within the licensee's service area. (b) (1) In order to obtain and maintain a license, an ambulance service shall be required to provide its services in a manner that does not discriminate on the basis of income, funding source, or severity of health needs, in order to ensure access to ambulance services within the licensee's service area.
2. The Department of Health shall adopt rules in accordance with the provisions of subdivision (1) of this subsection.
  Added 1969, No. 112 , § 1, eff. April 22, 1969; amended 1983, No. 226 (Adj. Sess.), § 7; 2019, No. 166 (Adj. Sess.), § 27, eff. Oct. 1, 2020.

History

Amendments--2019 (Adj. Sess.). Section heading: Inserted "; ambulance license requirement".

Added the subsec. (a) designation and added subsec. (b).

Amendments--1983 (Adj. Sess.). Inserted "or first responder services" preceding "shall obtain a license to furnish" and deleted "ambulance" thereafter.

§ 2682. Powers of the Department of Health.

The Department of Health shall administer this subchapter and shall have power to:
1. Issue licenses for ambulance services and first responder services under this subchapter.
2. Revoke or suspend upon due notice and opportunity for hearing the license of any person who violates or fails to comply with any provision of this subchapter, or any rule or requirement adopted under its authority.
3. Make, adopt, amend, and revise, as it deems necessary or expedient, reasonable rules in order to promote and protect the health, safety, and welfare of members of the public using, served by, or in need of emergency medical treatment. Any rule may be repealed within 90 days of the date of its adoption by a majority vote of all the district boards. Such rules may cover or relate to:
  1. age, training, and physical requirements for emergency medical services personnel;
  2. design and equipping of ambulances;
  3. cooperation with hospitals and organizations in other related fields, and participation in central communications procedures; and
  4. any other matters properly within the purposes of this chapter.
No fee or other payment shall be required of an applicant for a license.
Added 1969, No. 112 , § 1, eff. April 22, 1969; amended 1983, No. 226 (Adj. Sess.), § 8; 2011, No. 155 (Adj. Sess.), § 42; 2019, No. 100 (Adj. Sess.), § 1, eff. May 14, 2020; 2019, No. 166 (Adj. Sess.), § 27, eff. Oct. 1, 2020.

History

Amendments--2019 (Adj. Sess.). Section heading: Act No. 166 substituted "the Department of Health" for "State Board".

Subsec. (a): Act No. 166 substituted "Department of Health" for "State Board".

Subdiv. (a)(3)(A): Act No. 100 deleted "credentialing" following "training".

Amendments--2011 (Adj. Sess.). Added "for ambulance services and first responder services" in subdiv. (a)(1); and added ", credentialing," in subdiv. (a)(3)(A).

Amendments--1983 (Adj. Sess.). Subdiv. (a)(3): Deleted "standards or requirements" following "rules" in the first and third sentences, substituted "emergency medical treatment" for "ambulance services, subject to the approval of the district board for each district in which such rules are to take effect" following "need of" in the first sentence, and added the second sentence.

Subdiv. (a)(3)(A): Substituted "emergency medical services personnel" for "ambulance drivers and attendants" following "for".

§ 2683. Term of license.

Full licenses shall be issued on forms to be prescribed by the Department of Health for a period of three years beginning on January 1 or for the balance of any such three-year period. Temporary, conditional, or provisional licenses may also be issued by the Department.

Added 1969, No. 112 , § 1, eff. April 22, 1969; amended 1983, No. 226 (Adj. Sess.), § 9; 2019, No. 100 (Adj. Sess.), § 1, eff. May 14, 2020; 2019, No. 166 (Adj. Sess.), § 27, eff. Oct. 1, 2020.

History

Amendments--2019 (Adj. Sess.). Act No. 100 substituted "three years" for "one year" and "three-year period" for "year" in the first sentence.

Act No. 166 substituted "Department of Health" for "State Board" and "Department" for "Board".

Amendments--1983 (Adj. Sess.). Inserted "Full" preceding "licenses" at the beginning of the first sentence and added the second sentence.

§ 2684. Penalty.

A person who violates this subchapter shall be subject to a civil fine of not more than $200.00.

Added 1969, No. 112 , § 1, eff. April 22, 1969; amended 1983, No. 226 (Adj. Sess.), § 10.

History

Amendments--1983 (Adj. Sess.). Substituted "subject to a civil fine of" for "fined" preceding "not more than" and "$200.00" for "$100.00" thereafter.

§ 2685. Liability for cost of services.

A person who receives emergency medical treatment from an ambulance or first responder service or transportation by an ambulance service shall be liable in contract to the person providing such services for the reasonable and necessary cost of the services, whether or not he or she has agreed or consented to such liability.

Added 1969, No. 112 , § 1, eff. April 22, 1969; amended 1983, No. 226 (Adj. Sess.), § 11.

History

Amendments--1983 (Adj. Sess.). Substituted "medical treatment from an ambulance or first responder service or transportation by an ambulance service" for "ambulance services" following "emergency".

§ 2686. False requests for ambulance service or first responder service.

A person shall be guilty of a misdemeanor if he or she requests ambulance or first responder service from a person or organization engaged in providing such service without actual need for such service, knowing that the request is false or baseless. A person who violates this section shall be fined not more than $200.00 or imprisoned not more than 30 days, or both.

Added 1969, No. 179 (Adj. Sess.), § 3, eff. July 1, 1970; amended 1983, No. 226 (Adj. Sess.), § 12.

History

Amendments--1983 (Adj. Sess.). Added "or first responder service" in the section catchline, inserted "or first responder" following "ambulance" in the first sentence, and substituted "such service" for "an ambulance" following "need for" in that sentence.

§ 2687. Civil liability limited.

Volunteer personnel, whether or not they receive or expect to receive nominal payments and reimbursement for expenses, who render emergency medical treatment shall:

be afforded the protection of 12 V.S.A. § 519 ;
not be considered practitioners of the healing arts for purposes of 12 V.S.A. § 519(b) ; and
not be liable for civil damages for rendering emergency medical treatment unless their actions constitute gross negligence or willful misconduct.
Added 1983, No. 226 (Adj. Sess.), § 13.

§ 2688. Armed forces.

The provisions of this chapter shall not apply to the U.S. Armed Forces or the Vermont National Guard or their respective personnel while serving in such capacity.

Added 1983, No. 226 (Adj. Sess.), § 14.

§ 2689. Reimbursement for ambulance service providers.

1. When an ambulance service provides emergency medical treatment to a person who is insured by a health insurance policy, plan, or contract that provides benefits for emergency medical treatment, the health insurer shall reimburse the ambulance service directly, subject to the terms and conditions of the health insurance policy, plan, or contract. (a) (1) When an ambulance service provides emergency medical treatment to a person who is insured by a health insurance policy, plan, or contract that provides benefits for emergency medical treatment, the health insurer shall reimburse the ambulance service directly, subject to the terms and conditions of the health insurance policy, plan, or contract.
2. The Department of Financial Regulation shall enforce the provisions of this subsection.
Nothing in this section shall be construed to interfere with coordination of benefits or to require a health insurer to provide coverage for services not otherwise covered under the insured's policy, plan, or contract.
Nothing in this section shall preclude an insurer from negotiating with and subsequently entering into a contract with a nonparticipating ambulance service to establish rates of reimbursement for emergency medical treatment.
Added 2011, No. 150 (Adj. Sess.), § 5; amended 2019, No. 100 (Adj. Sess.), § 1, eff. May 14, 2020.

History

Amendments--2019 (Adj. Sess.). Subsec. (a): Added the subdiv. (1) designation and added subdiv. (2).

CHAPTER 73. SOCIAL SERVICES FOR TOWN RESIDENTS

Sec.

§ 2691. Aid to social services for town residents.

At a meeting duly warned for that purpose, a town or incorporated village may appropriate such sums of money as it deems necessary for the support of social service programs and facilities within that town for its residents. Social service programs, for which a town or incorporated village may appropriate sums of money, include: transportation, nutrition, medical, child care, and other rehabilitative services for persons with low incomes, elders, children, persons with disabilities, persons with a substance use disorder, and persons requiring employment to eliminate their need for public assistance. The authority herein granted is not in derogation of other local powers to allocate funds.

Added 1973, No. 177 (Adj. Sess.), § 2; amended 2005, No. 174 (Adj. Sess.), § 56; 2013, No. 96 (Adj. Sess.), § 152.

History

Amendments--2013 (Adj. Sess.). Deleted ", but are not limited to" following "include" and substituted "elders" for "senior citizens" following "incomes,", "persons with disabilities" for "disabled persons" following "children,", and "persons with a substance use disorder" for "drug and alcohol abusers" preceding "and persons".

Amendments--2005 (Adj. Sess.). Substituted "child" for "day" preceding "care" in the second sentence.

ANNOTATIONS

Analysis

1. Application.
2. Warning.
3. Location of social services agencies.
4. Action to obtain funds voted.

1. Application.

This section applies to cities. Addison County Community Action Group v. City of Vergennes, 152 Vt. 161, 565 A.2d 233 (1989).

2. Warning.

While it would have been preferable to state specifically in the warning that the programs and facilities would operate within the city with the funds provided, this section does not require that all its details be set forth in the question put to the voters. Addison County Community Action Group v. City of Vergennes, 152 Vt. 161, 565 A.2d 233 (1989).

Addition of phrase "nonbinding referendum" by city council in the warning for annual city meeting did not make vote nonbinding. Addison County Community Action Group v. City of Vergennes, 152 Vt. 161, 565 A.2d 233 (1989).

3. Location of social services agencies.

Social services agencies physically located outside city limits may be considered to be social service programs within the city. Addison County Community Action Group v. City of Vergennes, 152 Vt. 161, 565 A.2d 233 (1989).

4. Action to obtain funds voted.

Social agencies were entitled to bring action to obtain funds voted by city residents, subject to right of city council to require contract under section 2692 of this title. Addison County Community Action Group v. City of Vergennes, 152 Vt. 161, 565 A.2d 233 (1989).

§ 2692. Contract with service provider.

The legislative body of a municipality making an appropriation, as provided in section 2691 of this title, may make a contract with public or private agencies or persons concerning the provision of those certain social services.

Added 1973, No. 177 (Adj. Sess.), § 2.

ANNOTATIONS

1. Control of services.

This section contemplates that services would be delivered by providers not directly controlled by the city and that the city can achieve sufficient control through a contract. Addison County Community Action Group v. City of Vergennes, 152 Vt. 161, 565 A.2d 233 (1989).

§ 2693. Joint action by municipalities.

A municipality may secure the provision of social services jointly with adjacent municipalities if such joint action is warranted to provide more effective and efficient social services for its residents.

Added 1973, No. 177 (Adj. Sess.), § 2.

ANNOTATIONS

Cited. Addison County Community Action Group v. City of Vergennes, 152 Vt. 161, 565 A.2d 233 (1989).

§ 2694. Establishment of homes.

A town may build, purchase, or lease home to provide housing for elders or persons entitled to receive aid and assistance under this title. It may purchase land and appropriate funds for those purposes.

Amended 1967, No. 147 , § 42a, eff. Oct. 1, 1968; 2013, No. 96 (Adj. Sess.), § 153.

History

Source. V.S. 1947, § 7141. P.L. § 3961. G.L. § 4251. P.S. § 3696. V.S. § 3193. R.L. § 2853. G.S. 21, § 1. R.S. 17, § 1. R. 1797, p. 269, § 12.

Amendments--2013 (Adj. Sess.). Substituted "elders" for "the aged" following "housing for".

Amendments--1967. Section amended generally.

Prior law. 33 V.S.A. § 1101.

§ 2695. Administration of home.

In town meeting, a town which provides such home may appoint proper officers for the government of such home, and make necessary rules and regulations for governing such persons as are admitted thereto.

Amended 1967, No. 147 , § 42b, eff. Oct. 1, 1968.

History

Source. V.S. 1947, § 7143. P.L. § 3963. 1933, No. 157 , § 3686. G.L. § 4253. P.S. § 3698. V.S. § 3195. R.L. § 2855. G.S. 21, § 2. R.S. 17, § 2.

Amendments--1967. Deleted "the overseer shall furnish necessary materials for setting such persons at work".

Prior law. 33 V.S.A. § 1103.

§ 2696. Associated town home.

Any number of towns may unite for the purpose of supporting a town home. For this purpose, they may enter into an agreement under chapter 121 of this title.

Amended 1967, No. 147 , § 42c, eff. Oct. 1, 1968; 2017, No. 74 , § 102.

History

Source. V.S. 1947, § 7145. P.L. § 3965. G.L. § 4254. P.S. § 3699. V.S. § 3196. R.L. § 2856. G.S. 21, § 3. R.S. 17, § 3. 1837, No. 23 , § 1. R. 1797, p. 281, § 24.

Reference in text. Chapter 89 of this title, referred to at the end of this section, was renumbered as chapter 115 of this title, and, as renumbered, repealed by 1969, No. 1969 , No. 197 (Adj. Sess.), § 2. The subject matter is now covered by chapter 121 of this title.

Amendments--2017. In the second sentence, substituted "an agreement under chapter 121 of this title" for "a compact under chapter 89 of Title 24".

Amendments--1967 Section amended generally.

Prior law. 33 V.S.A. § 1105.

ANNOTATIONS

1. Parties.

Third town had no interest in the event of a suit brought by the plaintiff town to recover of the defendant town the amount of an assessment paid to the association by the plaintiff for the support, upon this farm, of a pauper legally chargeable to the defendant. Town of Jericho v. Town of Underhill, 64 Vt. 362, 24 A. 251 (1892), same case 67 Vt. 85, 30 A. 690. (Decided under prior law.)

CHAPTER 75. ECONOMIC DEVELOPMENT

SUBCHAPTER 1. BUILDING FOR INDUSTRIAL USE

SUBCHAPTER 1A. ISSUANCE OF REVENUE BONDS FOR INDUSTRIAL FACILITIES

SUBCHAPTER 2. AID TO BUSINESS; PUBLICITY

SUBCHAPTER 3. REGIONAL DEVELOPMENT

Subchapter 1. Building for Industrial Use

§§ 2701-2714. Repealed. 1969, No. 220 (Adj. Sess.), § 20, eff. March 31, 1970.

History

Former §§ 2701-2714. Former §§ 2701-2714, relating to building for industrial use, were derived from 1955, No. 255 , §§ 1-14.

Subchapter 1A. Issuance of Revenue Bonds for Industrial Facilities

§§ 2721-2737. Repealed. 1973, No. 197 (Adj. Sess.), § 3.

History

Former §§ 2721-2737. Former §§ 2721-2737, relating to the issuance of revenue bonds for industrial facilities, were added by 1969, No. 220 (Adj. Sess.), §§ 2-18 and amended by 1971, No. 234 (Adj. Sess.); 1973, No. 93 , § 2. The subject matter is now covered by 10 V.S.A. ch. 12.

Subchapter 2. Aid to Business; Publicity

§ 2741. Municipal corporations; property values fixed by contract.

A municipal corporation, as hereinafter provided, may enter into a contract with owners, lessees, bailees, or operators of agricultural, forestland, open space land, industrial or commercial real and personal property, and alternate-energy generating plants for the purpose of:
1. fixing and maintaining the valuation of such property in the grand list;
2. fixing and maintaining the rate or rates of tax applicable to such property;
3. fixing the amount in money which shall be paid as an annual tax upon such property; or
4. fixing the tax applicable to such property at a percentage of the annual tax.
A municipal corporation, by vote of a majority of those present and voting at an annual or special meeting warned for that purpose for a contract relating to agricultural or forest property, open space land, or to alternate-energy generating plants, or by a vote of two-thirds of those present and voting at annual or special meeting warned for that purpose for a contract relating to commercial or industrial property, may either:
1. provide general authority to its legislative branch to enter into such contracts as application is made; or
2. provide limited authority to its legislative branch to negotiate contracts, which shall be effective upon ratification by a majority of those present and voting at an annual or special meeting warned for that purpose.
Any contract entered into pursuant to this section:
1. shall not be for a period in excess of ten years except for a contract to stabilize taxes for an alternate-energy generating plant, in which case the term shall not exceed the term of any license, permit, or other approval required to operate such a plant;
2. shall be filed with the clerk of the municipal corporation and shall be available for public inspection;
3. may be with existing or new owners, lessees, bailees, or operators of such property, or with persons who intend to become owners, lessees, bailees, or operators of such property; and
4. may be applicable to existing agricultural or forest property or open space land; renovations of or additions to existing agricultural, commercial, or industrial property, or open space land; or to new agricultural, forest, commercial, or industrial property, or open space land.
For purposes of this section:
1. "Renewable energy source" means any inexhaustible, continuous, or readily replaceable supply of energy, including solar, wind, hydroelectric, and geothermal. "Renewable energy source" does not mean any biomass, fossil, or mineral supply of energy, including wood, organic waste, oil, coal, or uranium.
2. "Alternate-energy generating plant" means real and personal property that is built at an existing or new site after July 1, 1980, including any equipment, structure, or facility, used for or directly related to the generation or production of electricity from renewable energy sources with a nameplate capacity of not more than 25 million watts.
3. "Farmland" means real estate, exclusive of any housesite, which is actively and exclusively devoted to farming and is operated or leased as a farm enterprise by the owner.
4. "Forestland" means any land, exclusive of any housesite, which is under active forest management for the purpose of growing and harvesting repeated forest crops.
5. "Housesite" means the two acres of land surrounding any house, mobile home, or dwelling.
6. "Open space land" means any land, exclusive of any housesite, that does not fall under the definition of "farmland" and "forestland," is not used for commercial or industrial purposes, and does not have structures thereon.
  Amended 1961, No. 16 ; 1967, No. 359 (Adj. Sess.), eff. March 26, 1968; 1969, No. 16 , § 6, eff. March 11, 1969; 1973, No. 183 (Adj. Sess.), § 1, eff. March 30, 1974; 1977, No. 105 , § 26; 1979, No. 170 (Adj. Sess.), § 1; 1993, No. 104 , §§ 1-4, eff. June 21, 1993.

History

Source. 1955, No. 263 , §§ 1, 2.

2016. In subdiv. (d)(1), deleted ", without limitation," following "including" in two places in accordance with 2013, No. 5 , § 4.

Amendments--1993. Subsec. (a): Inserted "open space land" preceding "industrial" in the introductory paragraph.

Subsec. (b): Inserted "open space land" following "forest property" in the introductory paragraph.

Subdiv. (c)(4): Inserted "or open space land" following "property" in three places and made other minor changes in punctuation.

Subsec. (d): Added subdivs. (3)-(6).

Amendments--1979 (Adj. Sess.). Subsecs. (a) and (b): Added references to alternate-energy generating plants.

Subdiv. (c)(1): Added the exception.

Subsec. (d): Added.

Amendments--1977. Subsec. (a): Added reference to forest land.

Subsec. (b): Added reference to forest property.

Subdiv. (c)(4): Added reference to forest property.

Amendments--1973 (Adj. Sess.). Section amended generally.

Amendments--1969. Subsec. (b): Added "or who intend to construct or acquire".

Amendments--1967 (Adj. Sess.). Subsec. (a): Added "farmers".

Subsec. (b): Deleted "or who intend to construct or acquire", added "new farm".

Subsec. (d): Added.

Amendments--1961. Redesignated former subsec. (b) to be subsec. (c) and added new subsec. (b).

Cross References

Cross references. Farmland appraisal contracts, see 32 V.S.A. § 3846.

Tax stabilization contracts for unified towns and gores of Essex county, see 32 V.S.A. § 4985.

ANNOTATIONS

Analysis

1. Construction with other laws.
2. Definitions.
3. Eligible property owners.
4. Impairment of contracts.
5. Breach of contract.
6. Particular contracts.

1. Construction with other laws.

The legislative scheme regarding municipal tax stabilization plans clearly vests a considerable amount of discretion in the towns, and beyond the statutory requirements specifically enumerated in this section, towns that choose to offer tax stabilization contracts to owners of farmland pursuant to 32 V.S.A. § 3846 are free to adopt any rules and requirements that in their judgment further the policies of their individual plans. Town of Cambridge v. Bassett, 142 Vt. 171, 453 A.2d 413 (1982).

2. Definitions.

Housing project, the owners of which entered into a commercial property tax stabilization contract with town, had as its primary purpose the realization of income or profit and was thus commercial property within the meaning of this section. Lewis v. Town of Brandon, 132 Vt. 37, 313 A.2d 673 (1973).

3. Eligible property owners.

Town could properly choose to limit the benefits of its farmer's tax stabilization contracts to property owners who derived no less than two-thirds of their income from farming. Town of Cambridge v. Bassett, 142 Vt. 171, 453 A.2d 413 (1982).

4. Impairment of contracts.

Where town entered into valid tax stabilization contract, such contract was constitutionally protected from impairment by later acts of granting body or its political subdivisions, even if those subdivisions were independent corporations. Lewis v. Town of Brandon, 132 Vt. 37, 313 A.2d 673 (1973).

5. Breach of contract.

Where housing project owner had, pursuant to contract, been granted five-year schedule of reduced value property tax by town, and town school district subsequently assessed full value tax, school district was in error, and the reduced value contract was binding upon it. Lewis v. Town of Brandon, 132 Vt. 37, 313 A.2d 673 (1973).

6. Particular contracts.

Proposed agreement to tax a business on the basis of a percentage of the tax rate is authorized by this section. 1970-72 Op. Atty. Gen. 137.

Law review commentaries

Law review. For note relating to preservation of farmlands, see 11 Vt. L. Rev. 603 (1986).

§ 2742. Contracts between municipalities; airports.

Two or more municipal corporations, acting through the legislative bodies thereof, may enter into contracts for the same period and for the same purposes as specified in section 2741 of this title, provided that the authority conferred herewith shall apply only to airport property situated in one or more municipalities and owned or held by one or more other municipalities. The authority granted herewith may be exercised notwithstanding that some or all of said property may be exempt from taxation by other provisions of law, and in the event that such contract is entered into, no municipal officer shall refuse payment of any obligation thereunder on the ground of such exemption.

1959, No. 208 , eff. May 29, 1959.

History

Revision note. This section is from 1955, No. 263 , § 3, as amended by 1959, No. 208 . Prior to the amendment, such § 3 contained only the effective date and was therefore not classified herein. 1955, No. 263 , § 1, containing definitions, was codified as § 2741(b) of this chapter, and renumbered § 2741(c) in 1961. 1955, No. 263, § 2 was codified as § 2741(a). The reference in this section to "section 2741 of this title" reads "section 1 hereof" in the original, but since section 1 contained only definitions, the reference was probably intended to be section 2 of the act, which is § 2741(a) of this title. Pursuant to 1955, No. 263, § 1, the definitions covered all uses in the "act" and would therefore apply also to this section, which was added as a section of the "act".

Prior law. 24 V.S.A. § 2741a.

§ 2743. Aid to public utilities.

A town may appropriate a sum of money not exceeding 15 percent of its grand list in any one year for the relief of railroads and other public utilities serving the inhabitants of such town.

History

Source. V.S. 1947, § 3654. P.L. § 3569. 1933, No. 157 , § 3324. 1927, No. 57 , § 1.

Prior law. 24 V.S.A. § 2742.

§ 2744. Publicity fund.

A town or incorporated village may appropriate such sums of money as it deems necessary for the purpose of advertising the scenic beauties and municipal advantages of such town or incorporated village and its environs. A town may also appropriate such sums of money as it deems necessary to any area development association covering an area wherein such town is situated, whether such association is incorporated within the State of Vermont or elsewhere or whether such association is incorporated or not; and whether or not such association is also to serve towns or cities outside of the State of Vermont. Any sum so appropriated shall be expended at the order or orders of the legislative body.

Amended 1963, No. 148 , eff. June 13, 1963.

History

Source. 1951, No. 71 . V.S. 1947, § 3655. 1947, No. 202 , § 3677. P.L. § 3570. 1933, No. 157 , § 3325. 1927, No. 55 , § 1.

Amendments--1963. Permitted towns to deal with area development associations located and doing business outside the town or State.

ANNOTATIONS

Cited. Downtown Rutland Special Tax Challengers v. City of Rutland, 159 Vt. 218, 617 A.2d 129 (1992).

Prior law. 24 V.S.A. § 2743.

Subchapter 3. Regional Development

§§ 2771-2778. Repealed. 1967, No. 334 (Adj. Sess.), § 2, eff. March 23, 1968.

History

Former §§ 2771-2778. Former §§ 2771-2778, relating to regional development planning programs, were derived from 1965, No. 164 §§ 1-5 and amended by 1967, No. 99 , §§ 1, 3. The subject matter is now covered by ch. 117 of this title.

§ 2779. Interstate development region; purpose; region; State aid.

It is also the purpose of this act to assist the local communities and regions within the State, and those communities and regions combined with communities or regions of a neighboring state, in carrying out an overall economic development program ensuring the best possible implementation of approved plans for the full development of physical and human resources of the individual communities within the region.
A region is also five or more municipalities within the State or combined with a neighboring state approved by the State Central Planning Office as a logical region to undertake a comprehensive regional planning program in compliance with the overall State comprehensive plan prepared by the Central Planning Office.
In the case of an interstate regional development commission, the financial assistance from the State shall be restricted to 50 per cent of the assessment of annual operating expenses of the cooperating Vermont municipalities.
1967, No. 99 , § 3, eff. April 13, 1967.

History

Reference in text. The reference in subsec. (a) to "this act" is to 1967, No. 99 , which added this section and amended former §§ 2773 and 2778 of this title.

CHAPTER 76. ECONOMIC DEVELOPMENT PERFORMANCE GRANTS

Sec.

History

Amendments--2015 (Adj. Sess.). 2015, No. 157 (Adj. Sess.), § C.1, eff. July 1, 2017, substituted "Grants" for "Contracts" following "Performance" in the chapter heading.

Amendments--2009 (Adj. Sess.) 2009, No. 146 (Adj. Sess.), § G3, substituted "performance contracts" for "grants" in the chapter heading.

§ 2780. Repealed. 2009, No. 146 (Adj. Sess.), § G3.

History

Former § 2780. Former § 2780, relating to policy and purpose, was derived from 1989, No. 21 , § 1.

§ 2781. Definitions.

For the purposes of this chapter:

"Regional development corporation" means a nonprofit corporation organized in this State whose principal purpose is to promote, organize, or accomplish economic development, including providing planning and resource development services to local communities, supporting existing industry, assisting the growth and development of new and existing small businesses, and attracting industry or commerce to a particular economic region of the State;
"Regional planning commission" means a regional planning commission operating under subchapters 3 and 4 of chapter 117 of this title;
"Secretary" means the Secretary of the Agency of Commerce and Community Development.
Added 1977, No. 112 , § 1; amended 1979, No. 165 (Adj. Sess.), § 1; 1983, No. 39 , § 1; 1989, No. 21 , § 2; 1995, No. 190 (Adj. Sess.), § 1(a).

History

Amendments--1989. Section amended generally.

Amendments--1983. Subdiv. (2): Inserted "or an entire county" following "contiguous towns."

Amendments--1979 (Adj. Sess.). Section amended generally.

Amendments--1995 (Adj. Sess.) Subdiv. (3): Substituted "agency of commerce and community development" for "agency of development and community affairs".

§ 2782. Proposals for performance grants for economic development.

The Secretary shall negotiate and issue performance grants to qualified regional development corporations, regional planning commissions, or both in the case of a joint proposal, to provide economic development services under this chapter.
A proposal shall be submitted in response to a request for proposals issued by the Secretary.
The Secretary may require that a service provider submit with a proposal, or subsequent to the filing of a proposal, additional supportive data or information that he or she considers necessary to make a decision to award or to assess the effectiveness of a performance grant.
Added 1977, No. 112 , § 1; amended 1979, No. 165 (Adj. Sess.), § 2; 1985, No. 62 , § 1; 1989, No. 21 , § 3; 2009, No. 146 (Adj. Sess.), § G3; 2015, No. 157 (Adj. Sess.), § C.1, eff. July 1, 2017.

History

Amendments--2015 (Adj. Sess.). Substituted "grants" for "contracts" and "grant" for "contract" wherever it appeared throughout the section, and "shall negotiate and issue" for "shall annually award" preceding "performance" in subsec. (a).

Amendments--2009 (Adj. Sess.) Section amended generally.

Amendments--1989. Inserted "regional" preceding "development corporation" near the beginning of the first sentence, deleted "in consultation with a regional planning commission" thereafter, substituted "the secretary" for "him" following "provided by," in that sentence, inserted "or she" preceding "considers" in the second sentence, and deleted the third sentence.

Amendments--1985. Substituted "July 1, 1985" for "July 1, 1980" in the last sentence.

Amendments--1979 (Adj. Sess.). Added the third sentence.

§ 2783. Eligibility for performance grants.

Upon receipt of a proposal for a performance grant, the Secretary shall within 60 days determine whether or not the service provider may be awarded a performance grant under this chapter. The Secretary shall enter into a performance grant with a service provider if the Secretary finds:

the service provider serves an economic region generally consistent with one or more of the State's regional planning commission regions;
the service provider demonstrates the ability and willingness to provide planning and resource development services to local communities and to assist communities in evaluating economic conditions and prepare for economic growth and stability;
the service provider demonstrates an ability to gather economic and demographic information concerning the area served;
the service provider has, or demonstrates it will be able to secure, letters of support from the legislative bodies of the affected municipalities;
the service provider demonstrates a capability and willingness to assist existing business and industry, to encourage the development and growth of small business, and to attract industry and commerce;
the service provider appears to be the best qualified service provider from the region to accomplish and promote economic development;
the service provider needs the performance grant and that the performance grant will be used for the employment of professional persons or expenses consistent with performance grant provisions, or both;
the service provider presents an operating budget and has adequate funds available to match the performance grant;
the service provider demonstrates a willingness to involve the public of the region in its policy-making process by offering membership to representatives of all municipalities in the economic region which shall elect the directors of the governing board;
the service provider demonstrates a willingness to coordinate its activities with the planning functions of any regional planning commission located in the same geographic area as the service provider.
Added 1977, No. 112 , § 1; amended 1979, No. 165 (Adj. Sess.), § 3; 1983, No. 39 , § 2; 1989, No. 21 , § 4; 1995, No. 46 , § 30; 2009, No. 146 (Adj. Sess.), § G3; 2015, No. 157 (Adj. Sess.), § C.1, eff. July 1, 2017.

History

Amendments--2015 (Adj. Sess.). Section heading and introductory language: Substituted "grants" for "contracts" or variants.

Subdivs. (7) and (8): Substituted "grant" for "contract award".

Amendments--2009 (Adj. Sess.) Section amended generally.

Amendments--1995 Added subdivs. (a)(10) and (11).

Amendments--1989 Subsec. (a): Amended generally.

Subsec. (b): Substituted "the secretary" for "he" preceding "shall notify".

Subsec. (c): Substituted "the secretary" for "he" preceding "shall determine".

Amendments--1983 Subdiv. (a)(7): Added "or an entire county" following "ten towns."

Amendments--1979 (Adj. Sess.) Added the third sentence.

§ 2784. Terms of performance grants.

1. Funds available through a performance grant may only be used by an applicant to perform the duties or provide the services specified in the performance grant. (a) (1) Funds available through a performance grant may only be used by an applicant to perform the duties or provide the services specified in the performance grant.
2. The amount and terms of the performance grant shall be determined by the Secretary.
A performance grant shall be made for a period specified by the grant.
Payments to a service provider shall be made pursuant to the terms of the performance grant.
Added 1977, No. 112 , § 1; amended 1979, No. 165 (Adj. Sess.), § 4; 1983, No. 195 (Adj. Sess.), § 5(b); 1985, No. 62 , § 2; 1985, No. 172 (Adj. Sess.), § 8; 1989, No. 21 , § 5; 1995, No. 46 , § 31; 2009, No. 146 (Adj. Sess.), § G3; 2015, No. 157 (Adj. Sess.), § C.1, eff. July 1, 2017.

History

2004. Subsection (a) renumbered to conform with V.S.A. style.

Amendments--2015 (Adj. Sess.). Section amended generally.

Amendments--2009 (Adj. Sess.) Section amended generally.

Amendments--1995 Subdiv. (a)(3): Added.

Amendments--1989 Subsec. (a): Deleted the second sentence of the second paragraph and deleted "notwithstanding the above maximums" preceding "funds" in the last sentence of that paragraph.

Amendments--1985 (Adj. Sess.) Subsec. (a): Added the second sentence of the second paragraph.

Amendments--1985 Subsec. (a): Deleted "after July 1, 1980" preceding "or 50" and "two" following "following" in the last sentence of the second paragraph.

Subsec. (b): Substituted "one year" for "two years" preceding "under" in the first sentence.

Amendments--1983 (Adj. Sess.) Subsec. (c): Inserted "and information support" following "commissioner of finance" in the second sentence.

Amendments--1979 (Adj. Sess.) Subsec. (a): Substituted "66 percent of the proposed administrative budget for the first three grant years after July 1, 1980, or 50 percent of the proposed administrative budget for the following two grants years up to a maximum of $20,000.00 in any grant year" for "100 percent of the regional matching funds available" in the last sentence of the second paragraph.

§ 2784a. Plans.

A service provider awarded a performance grant under this chapter shall conduct its activities under subdivision 2784(a)(1) of this title consistent with local and regional plans.

Added 1977, No. 112 , § 1; amended 1979, No. 165 (Adj. Sess.), § 5; 2009, No. 146 (Adj. Sess.), § G3; 2015, No. 157 (Adj. Sess.), § C.1, eff. July 1, 2017.

History

Amendments--2015 (Adj. Sess.). Substituted "performance grant" for "performance contract".

Amendments--2009 (Adj. Sess.) Substituted "A service provider awarded a performance contract" for "A recipient of a grant" and "subdivision" for "section" and inserted "of this title" following "2784(a)(1)".

Amendments--1979 (Adj. Sess.). Substituted the words "local and regional plans" for "the regional plan of the region".

§ 2785. Rules.

The Secretary may issue rules necessary to carry out his or her duties and the purposes of this chapter under the provisions of 3 V.S.A. chapter 25.

Added 1977, No. 112 , § 1; amended 2009, No. 146 (Adj. Sess.), § G3.

History

Amendments--2009 (Adj. Sess.) Inserted "or her" preceding "duties".

§ 2786. Applicability of State laws.

A service provider awarded a performance grant by the Secretary under this chapter shall be subject to 1 V.S.A. chapter 5, subchapter 2 (open meetings) and 1 V.S.A. chapter 5, subchapter 3 (public records), except that in addition to any limitation provided in subchapter 2 or 3:
1. no person shall disclose any information relating to a proposed transaction or agreement between the service provider and another person, in furtherance of the service provider's public purposes under the law, prior to final execution of such transaction or agreement; and
2. meetings of the service provider's board to consider such proposed transactions or agreements may be held in executive session under 1 V.S.A. § 313 .
Nothing in this section shall be construed to limit the exchange of information between or among regional development corporations or regional planning commissions concerning any activity of the corporations and the commissions, provided that such information shall be subject to the provisions of subsection (a) of this section.
The provisions of 2 V.S.A. chapter 11 (registration of lobbyists) shall apply to regional development corporations and regional planning commissions.
Added 1977, No. 112 , § 1; amended 1979, No. 165 (Adj. Sess.), § 6; 1987, No. 256 (Adj. Sess.), § 6; 1995, No. 46 , § 32; 2009, No. 146 (Adj. Sess.), § G3; 2015, No. 157 (Adj. Sess.), § C.1, eff. July 1, 2017.

History

Amendments--2015 (Adj. Sess.). Subsec. (a): Substituted "performance grant" for "performance contract".

Amendments--2009 (Adj. Sess.) Section amended generally.

Amendments--1995 Section amended generally.

Amendments--1987 (Adj. Sess.) In the first sentence, substituted "that receives" for "receiving" preceding "public funds" and deleted "under this chapter" thereafter.

Amendments--1979 (Adj. Sess.) Section amended generally.

§ 2787. Economic development strategy; deference to regional plans; CEDS.

In the event a major employer in an economic region announces a closure, relocation, or other significant action that will impact directly and indirectly jobs or wages in the region, and a regional planning commission has adopted a regional plan pursuant to section 4348 of this title or a Comprehensive Economic Development Strategy (CEDS) approved by the U.S. Economic Development Administration, or both, and the plan or CEDS, or both, includes mitigation strategies to address substantial local and regional economic and fiscal challenges related to that employer, including closure, relocation, or reduction in workforce, then:

the Executive Branch shall defer to the regional plan and CEDS when using or distributing funds or other resources meant to mitigate anticipated local and regional economic and fiscal challenges, or shall provide the regional planning commission for the region with its basis for not deferring to the plan and the CEDS; and
the Executive Branch shall involve the regional planning commission and regional development corporation for the region in decisions regarding the use or distribution of those funds or resources.
Added 2015, No. 51 , § F.1, eff. June 3, 2015.

CHAPTER 76A. HISTORIC DOWNTOWN DEVELOPMENT

Sec.

History

Implementation resources. 1997, No. 120 (Adj. Sess.), § 2, provided: "In furtherance of the purpose of obtaining designation as a downtown development district under chapter 76A of Title 24, a municipality may apply under the community development block grant program in chapter 29 of Title 10 for a planning grant in an amount up to $40,000.00."

§ 2790. Legislative policy and purpose.

The General Assembly finds that:
1. Economically strong downtowns are critical to the health and well-being of Vermont's communities and that downtowns are the natural location for both small businesses and other uses that together constitute the diverse fabric of communities that define Vermont's quality of life.
2. Vermont's distinctive character of historic downtowns and villages surrounded by working landscapes is recognized worldwide. This character defines Vermont's image, economy, and sense of place as well as its community spirit and identity, which are enjoyed by residents and visitors alike. This distinctive character is among our most valuable assets, and investing in its health is a critical component of the State's overall economic well-being. The General Assembly recognizes the particular importance of Vermont's downtowns as historic regional centers providing services and amenities to nonresidents and further recognizes their need for targeted support in avoiding continued loss of commercial and residential land use to the surrounding area.
3. Investments made to revitalize the State's historic downtowns and village centers, to encourage pedestrian-oriented development within and around the commercial core, and to build upon the State's traditional settlement patterns support statewide goals concerning energy conservation, the efficient use of transportation and other public infrastructure and services, the protection of the working landscape, and the promotion of healthy lifestyles.
4. Strategies, programs, and investments that advance smart growth principles today will result in the long-term fiscal, economic, cultural, and environmental viability of the State.
It is therefore the intent of the General Assembly to:
1. support historic downtowns and villages by providing funding, training, and resources to communities designated under this chapter, to revitalize such communities, to increase and diversify economic development activities, to improve the efficient use of public investments, including water and sewer systems, and to safeguard working landscapes;
2. improve the ability of Vermont's historic downtowns and villages to attract residents and businesses by enhancing their livability and unique sense of place; by expanding access to employment, housing, education and schools, services, public facilities, and other basic needs; and by expanding businesses' access to markets;
3. coordinate policies and leverage funding to support historic downtowns and villages by removing barriers to collaboration among local downtown organizations, municipal departments, local businesses, and local nonprofit organizations and increasing accountability and effectiveness at all levels of government to revitalize communities and plan for future growth;
4. promote healthy, safe, and walkable downtown and village neighborhoods for people of all ages and incomes by increasing investments in those locations; providing energy efficient housing that is closer to jobs, services, health care, stores, entertainment, and schools; and reducing the combined cost of housing and transportation;
5. encourage investment in mixed use development and provide for diverse housing options within walking distance of historic downtowns and villages that reinforce Vermont's traditional settlement patterns and meet the needs of community members of all social and economic groups;
6. develop safe, reliable, and economical transportation options in historic downtowns and villages to decrease household transportation costs, promote energy independence, improve air quality, reduce greenhouse gas emissions, and promote public health; and
7. reflect Vermont's traditional settlement patterns, and to minimize or avoid strip development or other unplanned development throughout the countryside on quality farmland or important natural and cultural landscapes.
[Repealed.]
The General Assembly finds that Vermont's communities face challenges as they seek to accommodate growth and development while supporting the economic vitality of the State's downtowns, village centers, and new town centers and maintaining the rural character and working landscape of the surrounding countryside. While it is the intention of the General Assembly to give the highest priority to facilitating development and growth in downtowns and village centers whenever feasible, when that is not feasible, the General Assembly further finds that:
1. A large percentage of future growth should occur within duly designated growth centers that have been planned by municipalities in accordance with smart growth principles and Vermont's planning and development goals pursuant to section 4302 of this title.
2. Designated growth centers, if properly located and scaled, will serve to support the State's downtowns, village centers, and new town centers by encouraging new residential neighborhoods and compatible civic, commercial, and industrial uses to locate within proximity to historic community centers.
3. Designated growth centers will provide a cost-effective means of allocating and targeting limited municipal and State resources to those areas specifically planned to accommodate and support concentrated development and a large percentage of future growth.
4. Designated growth centers will provide a mechanism for concentrating private investment in those areas targeted for growth and development through public investments and incentives, and by establishing a process that will effectively reduce cost and delay in the permitting and approval of development.
5. Designated growth centers will accomplish these goals if they are economically viable, they are appropriately planned to accommodate future growth needs and a mix of uses, they originate at the municipal or regional level, and they are recognized by the State under State planning, financing, and permitting programs.
  Added 1997, No. 120 (Adj. Sess.), § 1; amended 2005, No. 183 (Adj. Sess.), § 1; 2013, No. 59 , § 1.

History

Amendments--2013 Subsecs. (a) and (b): Amended generally.

Subsec. (c): Deleted former subsec. (c) and redesignated former subsec. (d) as present subsec. (c).

Amendments--2005 (Adj. Sess.). Subsec. (d): Added.

Law review commentaries

Law review. For note, "Vermont's Act 183: Smart Growth Takes Root in the Green Mountain State," see 32 Vt. L. Rev. 583 (2008).

§ 2791. Definitions.

As used in this chapter:

"Community reinvestment agreement" means an agreement among municipal government officials, business leaders, and community groups pursuant to subdivision 2793(b)(2) of this title.
"Design review district" means a district created pursuant to subdivision 4414(1)(E) of this title.
"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. Downtowns are typically larger in scale than village centers and are characterized by a development pattern that is consistent with smart growth principles.
"Downtown development district" or "downtown district" means a district delineated by the municipality and designated by the Downtown Development Board under section 2793 of this title.
"Local downtown organization" means either a nonprofit corporation, including a nonprofit corporation established by the Vermont Economic Development Authority, or a board, council, or commission created by the legislative body of the municipality, whose primary purpose is to administer and implement the community reinvestment agreement and other matters regarding the revitalization of the downtown district under subdivision 2793(b)(2) of this title.
"Historic district" means a district created pursuant to subdivision 4414(1)(F) of this title.
"Certified historic structure" means a certified historic structure as defined in the Internal Revenue Code, 26 U.S.C. § 47(c) .
"Special assessment" means a tax assessment pursuant to chapter 87 of this title or a municipal charter, among all commercial owners, or a significant portion thereof, within a downtown development district to impose an incremental tax assessment above the amount otherwise assessed, for the purposes of supporting downtown interests.
"Tax stabilization agreement" means a contract executed pursuant to either section 2741 of this title or 32 V.S.A. § 5404a to provide a stable and predictable tax rate or assessment on properties in a downtown development district.
"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. Industrial uses may be found within or immediately adjacent to these centers. Village centers are typically smaller in scale than downtowns and are characterized by a development pattern that is consistent with smart growth principles.
"New town center" means the area planned for or developing as a community's central business district, composed of compact, pedestrian-friendly, multistory, and mixed use development that is characteristic of a traditional downtown, supported by planned or existing urban infrastructure, including curbed streets with sidewalks and on-street parking, stormwater treatment, sanitary sewers, and public water supply.
"Growth center" shall have the same meaning as under section 2793c of this title.
"Smart growth principles" means growth that:
1. Maintains the historic development pattern of compact village and urban centers separated by rural countryside.
2. Develops compact mixed-use centers at a scale appropriate for the community and the region.
3. Enables choice in modes of transportation.
4. Protects the State's important environmental, natural, and historic features, including natural areas, water quality, scenic resources, and historic sites and districts.
5. Serves to strengthen agricultural and forest industries and minimizes conflicts of development with these industries.
6. Balances growth with the availability of economic and efficient public utilities and services.
7. Supports a diversity of viable businesses in downtowns and villages.
8. Provides for housing that meets the needs of a diversity of social and income groups in each community.
9. Reflects a settlement pattern that, at full build-out, is not characterized by:
  1. scattered development located outside compact urban and village centers that is excessively land consumptive;
  2. development that limits transportation options, especially for pedestrians;
  3. the fragmentation of farmland and forestland;
  4. development that is not serviced by municipal infrastructure or that requires the extension of municipal infrastructure across undeveloped lands in a manner that would extend service to lands located outside compact village and urban centers;
  5. linear development along well-traveled roads and highways that lacks depth, as measured from the highway.
"Important natural resources" means headwaters, streams, shorelines, floodways, rare and irreplaceable natural areas, necessary wildlife habitat, wetlands, endangered species, productive forestlands, and primary agricultural soils, all of which are as defined in 10 V.S.A. chapter 151.
Subdivision (15) repealed effective July 1, 2018; see note set out below. "Vermont neighborhood" means an area of land that is in a municipality with an approved plan, a confirmed planning process, zoning bylaws, and subdivision regulations, and is in compliance with all the following:
1. Is located in one of the following:
  1. a designated downtown, village center, new town center, or growth center; or
  2. an area of land that is within the municipality and outside but contiguous to a designated downtown, village center, or new town center and is not more than 100 percent of the total acreage of the designated downtown, 50 percent of the village center, or 75 percent of the new town center.
2. Contains substantially all the following characteristics:
  1. Its contiguous land, if any, complements the existing downtown district, village center, or new town center by integrating new housing units with existing residential neighborhoods, commercial and civic services and facilities, and transportation networks, and is consistent with smart growth principles.
  2. It is served by either a municipal sewer infrastructure or a community or alternative wastewater system approved by the Agency of Natural Resources.
  3. It incorporates minimum residential densities of no fewer than four units of single-family, detached dwelling units per acre, and higher densities for duplexes and multi-family housing.
  4. It incorporates neighborhood design standards that promote compact, pedestrian-oriented development patterns and networks of sidewalks or paths for both pedestrians and bicycles that connect with adjacent development areas.
"Neighborhood planning area" shall have the same meaning as under section 2793e of this title.
"Neighborhood development area" shall have the same meaning as under section 2793e of this title.
"Department" means the Vermont Department of Housing and Community Development.
"District coordinator" means a district environmental coordinator attached to a District Commission established under 10 V.S.A. chapter 151.
"Infill" means the use of vacant land or property within a built-up area for further construction or development.
Added 1997, No. 120 (Adj. Sess.), § 1; amended 2001, No. 114 (Adj. Sess.), § 1, eff. May 28, 2002; 2003, No. 115 (Adj. Sess.), § 78, eff. Jan. 31, 2005; 2005, No. 183 (Adj. Sess.), § 2; 2007, No. 176 (Adj. Sess.), § 2, eff. May 28, 2008; 2009, No. 136 (Adj. Sess.), § 1; 2013, No. 59 , § 2; 2013, No. 146 (Adj. Sess.), § 1, eff. May 27, 2014.

History

2013. In subdiv. (18), substituted "Housing and Community Development" for "Economic, Housing and Community Development" in light of Executive Order No. 3-56 (No. 01-13), eff. April 12, 2013.

Amendments--2013 (Adj. Sess.). Subdiv. (12): Rewrote the subdivision.

Subdiv. (13)(I)(iii): Substituted "farmland and forestland" for "farm and forest land" at the end.

Subdiv. (14): Substituted "forestlands" for "forest lands" following "productive".

Amendments--2013. Subdivs. (3) and (10): Amended generally.

Subdivs. (16)-(20): Added.

Amendments--2009 (Adj. Sess.) Deleted "substantially" following "contains" in subdivs. (12)(A) and (B).

Amendments--2007 (Adj. Sess.). Subdiv. (15): Added.

Amendments--2005 (Adj. Sess.). Subdivs. (12)-(14): Added.

Amendments--2003 (Adj. Sess.). Subdiv. (2): Substituted "review" for "control" preceding "district" and "4414(1)(E)" for "4407(6)".

Subdiv. (6): Substituted "4414(1)(F)" for "4407(15)".

Amendments--2001 (Adj. Sess.) Rewrote subdivs. (5) and (10), and added subdiv. (11).

Applicability of amendment. 2009, No. 136 (Adj. Sess.), § 6(c) provides: "Secs. 1 through 4 of this act [amending this section and 24 V.S.A. §§ 2792, 2793c, and 2793d] shall take effect on July 1, 2010, and shall apply to applications for designation under 24 V.S.A § 2793c that are filed and to reviews of designations under 24 V.S.A § 2793c(e)(4) that are commenced on or after July 1, 2010."

Prospective repeal. 2013, No. 59 , § 7 provides: "24 V.S.A. §§ 2791(15) (definitions; Vermont neighborhood) and 2793d (designation of Vermont neighborhoods) shall be repealed on July 1, 2018. On such repeal, the Office of Legislative Council, in its statutory revision capacity under 2 V.S.A. § 424, shall be authorized to remove references in the statutes to Vermont neighborhoods designated under 24 V.S.A. § 2793d and replace them, as appropriate, with references to neighborhood development areas designated under 24 V.S.A. § 2793e."

Law review commentaries

Law review. For note, "Vermont's Act 183: Smart Growth Takes Root in the Green Mountain State," see 32 Vt. L. Rev. 583 (2008).

§ 2792. Vermont Downtown Development Board.

A "Vermont Downtown Development Board," also referred to as the "State Board," is created to administer the provisions of this chapter. The State Board shall be composed of the following members or their designees:
1. The Secretary of Commerce and Community Development.
2. The Secretary of Transportation.
3. The Secretary of Natural Resources.
4. The Commissioner of Public Safety.
5. The State Historic Preservation Officer.
6. A person appointed by the Governor from a list of three names submitted by the Vermont Natural Resources Council and the Preservation Trust of Vermont.
7. A person appointed by the Governor from a list of three names submitted by the Association of Chamber Executives.
8. Three public members representative of local government, one of whom shall be designated by the Vermont League of Cities and Towns, and two shall be appointed by the Governor.
9. A member of the Vermont Planners Association (VPA) designated by the Association.
10. The Chair of the Natural Resources Board or a representative of the Natural Resources Board designated by the Chair.
11. A representative of a regional planning commission designated by the Vermont Association of Planning and Development Agencies (VAPDA) and an alternate representative designated by VAPDA to enable all applications to be considered by a representative from a regional planning commission other than the one of which the applicant municipality is a member. The alternate designated by VAPDA may vote only when the designated representative does not vote.
[Repealed.]
The State Board shall elect a chair and vice chair from among its membership.
The Department shall provide staff and administrative support to the State Board and shall produce guidelines to direct municipalities seeking to obtain designation under this chapter.
[Repealed.]
[Repealed.]
Added 1997, No. 120 (Adj. Sess.), § 1; amended 2005, No. 8 , § 6b, eff. April 25, 2005; 2005, No. 183 (Adj. Sess.), § 3; 2007, No. 147 (Adj. Sess.), § 1, eff. May 16, 2008; 2007, No. 176 (Adj. Sess.), § 15, eff. May 28, 2008; 2009, No. 136 (Adj. Sess.), § 2; 2013, No. 11 , § 25; 2013, No. 59 , § 3.

History

2008. In subsec. (a), redesignated subdiv. (7) as enacted by 2007, No. 147 (Adj. Sess.), § 1 as subdiv. (5), redesignated subdivs. (5)-(6) as enacted by 2007, No. 176 (Adj. Sess.), § 15 as subdivs. (6)-(7), and redesignated the former subdiv. (7) as subdiv. (8).

Amendments--2013. Section amended generally.

Amendments--2009 (Adj. Sess.) Subsec. (a): Added subdivs. (9)-(11) and made minor changes throughout the subsection.

Subsec. (d): Inserted "economic," preceding "housing" and substituted "development" for "affairs" following "community".

Subsec. (f): Repealed.

Amendments--2007 (Adj. Sess.). Subsec. (a): Act No. 147 added new subdiv. (7) and redesignated former subdiv. (7) as subdiv. (8).

Act No. 176 substituted "board shall be composed of the following members" for "board members shall be the following permanent members" in the second sentence of the introductory paragraph and rewrote former subdivs. (4)-(6).

Amendments--2005 (Adj. Sess.). Subsec. (f): Added.

Amendments--2005. Subdiv. (a)(5): Substituted "public safety" for "labor and industry".

§ 2793. Designation of downtown development districts.

A municipality, by its legislative body, may apply to the State Board for designation of a downtown area within that municipality as a downtown development district.
1. For applications filed on and after July 1, 2014, the intention to apply for designation under this section shall be included in the plan of the municipality, and the plan shall explain how the designation would further the plan's goals and the goals of section 4302 of this title.
2. A preapplication meeting shall be held with Department staff to review the program requirements and to preliminarily identify possible designation boundaries. The meeting shall be held in the municipality unless another location is agreed to by the municipality.
3. An application by a municipality shall contain a map that accurately delineates the district and is consistent with the guidelines produced by the Department under subsection 2792(d) of this title. The application shall also include evidence that the regional planning commission and the regional development corporation have been notified of the municipality's intent to apply, evidence that the municipality has published notice of its application in a local newspaper of general circulation within the municipality, and information showing that the district meets the standards for designation established in subsection (b) of this section. Upon receipt of an application, the State Board shall provide written notice of the application to the Natural Resources Board. The Natural Resources Board and interested persons shall have 15 days after notice to submit written comments regarding the application before the State Board issues a written decision that demonstrates the applicant's compliance with the requirements of this chapter.
Within 45 days of receipt of a completed application, the State Board shall designate a downtown development district if the State Board finds in its written decision that the municipality has:
1. Demonstrated a commitment to protect and enhance the historic character of the downtown through the adoption of a design review district, through the adoption of an historic district, through the adoption of regulations that adequately regulate the physical form and scale of development that the State Board determines substantially meet the historic preservation requirements in subdivisions 4414(1)(E) and (F) of this title, or through the creation of a development review board authorized to undertake local Act 250 reviews of municipal impacts pursuant to section 4420 of this title.
2. Provided a community reinvestment agreement that has been executed by the authorized representatives of the municipal government, business and property owners within the district, and community groups with an articulated purpose of supporting downtown interests, and that contains the following provisions:
  1. A delineation of the area that meets the requirements set forth in subdivision 2791(3) of this title and that is part of or contains a district that is listed or eligible for listing on the National Register of Historic Places pursuant to 16 U.S.C. § 470a .
  2. A capital budget and program pursuant to section 4430 of this title to improve or preserve public infrastructure within the district, including facilities for public transit, parking, pedestrian amenities, lighting, and public space.
  3. A source of funding and resources necessary to fulfill the community reinvestment agreement, demonstrated by a commitment by the legislative body of the municipality to implement at least one of the following:
    1. a special assessment district created to provide funding to the downtown district;
    2. authority to enter into a tax stabilization agreement for the purposes of economic development in a downtown district;
    3. a commitment to implement a tax incremental financing district pursuant to subchapter 5 of chapter 53 of this title; or
    4. other multiple-year financial commitments among the parties subject to the approval of the State Board.;
  4. An organizational structure necessary to sustain a comprehensive long-term downtown revitalization effort, including a local downtown organization as defined under subdivision 2791(5) of this title that will collaborate with municipal departments, local businesses, and local nonprofit organizations:
    1. to enhance the physical appearance and livability of the downtown district by implementing local policies that promote the use and rehabilitation of historic and existing buildings, by developing pedestrian-oriented design requirements, by encouraging new development and infill that satisfy such design requirements, and by supporting long-term planning that is consistent with the goals set forth in section 4302 of this title;
    2. to build consensus and cooperation among the many groups and individuals who have a role in the planning, development, and revitalization process;
    3. to market the assets of the downtown district to customers, potential investors, new businesses, local citizens, and visitors;
    4. to strengthen, diversify, and increase the economic activity within the downtown district;
    5. to recognize and incorporate the map of the designated downtown district into the next update of the municipal plan; and
    6. to measure annually progress and achievements of the revitalization efforts as required by Department guidelines developed pursuant to subsection 2792(d) of this title.
  5. Evidence that any private or municipal sewage system and private or public water supply serving the proposed downtown district is in compliance with the requirements of 10 V.S.A. chapters 47 and 56 and has adequately demonstrated an intent to reserve sufficient wastewater and water allocations to serve the future needs of the designated areas. Any municipality proposing a municipal sewage system and public water supply to serve the proposed downtown district shall provide evidence to the State Board of a commitment to construct or maintain such a system and supply in compliance with requirements of 10 V.S.A. chapters 47 and 56, or a commitment to construct, as applicable, a permittable potable water supply, wastewater system, indirect discharge, or public water supply within no more than ten years. A commitment to construct does not relieve the property owners in the district from meeting any applicable statute, rule, or bylaw regarding wastewater systems, potable water supplies, public water supplies, indirect discharges, and the subdivision of land.
3. A planning process confirmed under section 4350 of this title.
A designation issued under this section shall be effective for eight years and may be renewed on application by the municipality. The State Board also shall review a community's designation four years after issuance or renewal and may review compliance with the designation requirements at more frequent intervals. Any community applying for renewal shall explain how the designation under this section has furthered the goals of the town plan and shall submit an approved town plan map that depicts the boundary of the designated district. If at any time the State Board determines that the downtown development district no longer meets the standards for designation established in subsection (b) of this section, it may take any of the following actions:
1. require corrective action;
2. provide technical assistance through the Vermont Downtown Program;
3. limit eligibility for the benefits established in section 2794 of this chapter without affecting any of the district's previously awarded benefits; or
4. remove the district's designation without affecting any of the district's previously awarded benefits.
  Added 1997, No. 120 (Adj. Sess.), § 1; amended 2001, No. 114 (Adj. Sess.), §§ 1a-3, eff. May 28, 2002; 2003, No. 115 (Adj. Sess.), § 79, eff. Jan. 31, 2005; 2007, No. 147 (Adj. Sess.), § 2, eff. May 16, 2008; 2013, No. 59 , § 4; 2017, No. 197 (Adj. Sess.), § 8.

History

Amendments--2017 (Adj. Sess.). Subsec. (c): Added the first sentence. In the second sentence: inserted "also" following "Board"; substituted "four" for "every five" preceding "years"; inserted "after issuance or renewal" following "years". In the third sentence: substituted "Any" for "On and after July 1, 2014, any" preceding "community".

Amendments--2013 Section amended generally.

Amendments--2007 (Adj. Sess.) Subsec. (c): Substituted "five years" for "three years" and added "and may review compliance with the designation requirements at more frequent intervals" in the first sentence, and inserted "at any time" preceding "the state" in the second sentence of the introductory paragraph, and rewrote former subdiv. (3) as present subdivs. (3) and (4).

Amendments--2003 (Adj. Sess.). Subsec. (a): Substituted "natural resources" for "environmental" in the fourth and fifth sentences.

Subdiv. (b)(1): Substituted "review" for "control" and "4420" for "4449".

Amendments--2001 (Adj. Sess.) Subsec. (a): Substituted "that accurately delineates the district. The application shall also include" for "delineating the district" in the second sentence, inserted "evidence that the municipality has published notice of its application in a local newspaper of general circulation within the municipality" following "municipality's intent to apply" in the second sentence, and added the fourth and fifth sentences.

Subsec. (b): Substituted "in its written decision" for "with respect to that district".

Subdiv. (b)(1): Deleted "an urban renewal district" following "an historic district".

Subdiv. (b)(2)(D): Substituted "a local downtown organization as defined" for "local board or designation of the entity that will qualify as the downtown development nonprofit corporation".

Subdiv. (b)(2)(E): Deleted "and the incentives that accrue pursuant to 24 V.S.A. § 2794 from that date forward" in the last sentence, and made a minor stylistic change.

Subdiv. (b)(3): Added.

Law review commentaries

Law review. For note, "Vermont's Act 183: Smart Growth Takes Root in the Green Mountain State," see 32 Vt. L. Rev. 583 (2008).

§ 2793a. Designation of village centers by State Board.

A town that has a duly adopted and approved plan and a planning process that is confirmed in accordance with section 4350 of this title may apply to the State Board for designation of one or more of its village centers. If an incorporated village of a town has an approved municipal plan and a planning process independently confirmed in accordance with section 4350 of this title, the incorporated village shall be the applicant for designation of its village center.
1. For applications filed on and after July 1, 2014, the intention to apply for designation under this section shall be included in the plan of the municipality, and the plan shall explain how the designation would further the plan's goals and the goals of section 4302 of this title.
2. A preapplication meeting shall be held with Department staff to review the program requirements and to preliminarily identify possible designation boundaries. The meeting shall be held in the municipality unless another location is agreed to by the municipality.
3. An application for designation under this section must include a map that delineates the boundaries of the village center consistent with the definition of "village center" provided in subdivision 2791(10) of this title and evidence that notice has been given to the regional planning commission and the regional development corporation of the intent to apply for this designation. The map shall be consistent with the guidelines produced by the Department under subsection 2792(d) of this title.
Within 45 days of receipt of a completed application, the State Board shall designate a village center if the State Board finds the applicant has met the requirements of subsection (a) of this section.
A village center designated by the State Board pursuant to subsection (a) of this section is eligible for the following development incentives and benefits:
1. Provided the proposal is eligible, priority consideration for municipal planning funds under section 4306 of this title for projects that are related to the designated village center.
2. Inclusion of a village center, as defined in this chapter, as a priority growth center in the State's consolidated plan for housing and community development programs.
3. 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 established through village center designation.
4. The following State tax credits for projects located in a designated village center:
  1. A State historic rehabilitation tax credit of ten percent under 32 V.S.A. § 5930cc(a) that meets the requirements for the federal rehabilitation tax credit.
  2. A State fa›cade improvement tax credit of 25 percent under 32 V.S.A. § 5930cc(b) .
  3. A State code improvement tax credit of 50 percent under 32 V.S.A. § 5930cc(c) .
5. Whenever the Commissioner of Buildings and General Services or other State officials in charge of selecting a site are planning to lease or construct buildings suitable to being located in a village center after determining that the option of utilizing existing space in a downtown development district pursuant to subdivision 2794(a)(12) of this title is not feasible, the option of utilizing existing space in a designated village center shall be given thorough investigation and priority, in consultation with the community.
The State Board shall review a village center designation every eight years and may review compliance with the designation requirements at more frequent intervals. Any community applying for renewal shall explain how the designation under this section has furthered the goals of the town plan and shall submit an approved town plan map that depicts the boundary of the designated district. If at any time the State Board determines that the village center no longer meets the standards for designation established in subsection (a) of this section, it may take any of the following actions:
1. require corrective action;
2. provide technical assistance through the Vermont Downtown Program;
3. limit eligibility for the benefits pursuant to subsection (c) of this section without affecting any of the village center's previously awarded benefits; or
4. remove the village center's designation without affecting any of the village center's previously awarded benefits.
  Added 2001, No. 114 (Adj. Sess.), § 4, eff. May 28, 2002; amended 2003, No. 164 (Adj. Sess.), § 13, eff. June 12, 2004; 2005, No. 183 (Adj. Sess.), § 14; 2007, No. 147 (Adj. Sess.), § 3, eff. May 16, 2008; 2013, No. 59 , § 5; 2017, No. 197 (Adj. Sess.), § 9.

History

2016. In subdiv. (c)(5), substituted "2794(a)(12)" for "2794(a)(14)" to correct the cross-reference.

Amendments--2017 (Adj. Sess.). Subsec. (d): Substituted "eight" for "five" preceding "years" in the first sentence and substituted "Any" for "On and after July 1, 2014, any" preceding "community" at the beginning of the second sentence.

Amendments--2013. Section amended generally.

Amendments--2007 (Adj. Sess.) Subsec. (d): Substituted "five years" for "three years" and added "and may review compliance with the designation requirements at more frequent intervals" in the first sentence, and substituted "at any time the" for "at the time of the review, the" in the second sentence of the introductory paragraph, and rewrote former subdiv. (3) as present subdivs. (3) and (4).

Amendments--2005 (Adj. Sess.). Rewrote subdiv. (c)(4), deleted former subdiv. (5), and redesignated former subdiv. (c)(6) as present subdiv. (c)(5).

Amendments--2003 (Adj. Sess.). Section amended generally.

§ 2793b. Designation of new town center development districts.

A municipality, by its legislative body, may apply to the State Board for designation of an area within that municipality as a new town center development district, provided no traditional downtown or new town center already exists in that municipality.
1. The State Board shall not approve an application filed by a municipality on or after July 1, 2014 unless the municipality has stated in its town plan that it intends to apply for designation under this section, and the town plan explains how the designation would further the plan's goals and the goals of section 4302 of this title.
2. A preapplication meeting shall be held with Department staff before an application is filed to review the program requirements and to identify possible designation boundaries. The meeting shall be held in the municipality unless another location is agreed to by the municipality.
3. An application for designation shall contain a map that delineates the boundaries of the proposed district and is consistent with the guidelines produced by the Department under subsection 2792(d) of this title. The application shall also demonstrate that the proposed district meets the requirements set forth in subdivision 2791(11) of this title, as well as the standards for designation established in subsection (b) of this section. The application shall verify that the regional planning commission and the regional development corporation have been notified of the municipality's intent to apply for designation.
Within 45 days of receipt of a completed application, the State Board shall designate a new town center development district if the State Board finds, with respect to that district, the municipality has:
1. A confirmed planning process under section 4350 of this title, developed a municipal center plan, and adopted bylaws and ordinances that implement the plan, including an official map, and a design review district created under this title or other regulations that adequately control the physical form and scale of development.
2. Provided a community investment agreement that has been executed by authorized representatives of the municipal government, businesses and property owners within the district, and community groups with an articulated purpose of supporting downtown interests, and contains the following:
  1. A map of the designated new town center. The total area of land encompassed within a designated new town center shall not exceed 125 acres. In a municipality with a population greater than 15,000, the total area of land encompassed within a designated new town center may include land in excess of 125 acres provided that the additional area is needed to facilitate the redevelopment of predominately developed land in accordance with the smart growth principles defined under subdivision 2791(13) of this title and shall not exceed 175 acres.
  2. Regulations enabling high densities that are greater than those allowed in any other part of the municipality.
  3. Regulations enabling multistory and mixed use buildings and mixed uses which enable the development of buildings in a compact manner.
  4. A capital improvement program, or a capital budget and program under this title, showing a clear plan for providing public infrastructure within the center, including facilities for drinking water, wastewater, stormwater, public space, lighting, and transportation, including public transit, parking, and pedestrian amenities.
  5. A clear plan for mixed income housing in the new town center.
  6. Evidence that civic and public buildings do exist, or will exist in the center, as shown by the capital improvement plan or the capital budget and program, and the official map.
  7. [Repealed.]
  8. Evidence that any private or municipal sewage system and private or public water supply serving the proposed new town center are in compliance with the requirements of 10 V.S.A. chapters 47 and 56, and that the municipality has dedicated a portion of any unallocated reserve capacity of the sewage and public water supply necessary to support growth within the proposed new town center. Any municipality proposing a municipal sewage system and public water supply to serve the proposed new town center shall provide evidence to the State Board of a commitment to construct or maintain such a system and supply in compliance with requirements of 10 V.S.A. chapters 47 and 56, or a commitment to construct, as applicable, a permittable potable water supply, wastewater system, indirect discharge, or public water supply within no more than ten years. A commitment to construct does not relieve the property owners in the new town center from meeting the applicable regulations of the Agency of Natural Resources regarding wastewater systems, potable water supplies, public water supplies, indirect discharges, and the subdivision of land. In the event a municipality fails in its commitment to construct a municipal sewage system or public water supply, or both, the State Board shall revoke designation, unless the municipality demonstrates to the State Board that all good faith efforts were made and continue to be made to obtain the required approvals and permits from the Agency of Natural Resources, and failure to construct was due to unavailability of sufficient State or federal funding.
1. Upon designation by the State Board under this section as a new town center, a new town center and projects in a new town center shall be eligible for 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 established through new town center designation. (c) (1) Upon designation by the State Board under this section as a new town center, a new town center and projects in a new town center shall be eligible for 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 established through new town center designation.
2. Whenever the Commissioner of Buildings and General Services or other State officials in charge of selecting a site are planning to lease or construct buildings suitable to being located in a new town center after determining that the option of utilizing existing space in a downtown development district, pursuant to subdivision 2794(a)(12) of this title, is not feasible, the option of utilizing existing space in a designated new town center shall be given thorough investigation and priority, in consultation with the community.
A designation issued under this section shall be effective for eight years and may be renewed on application by the municipality. The State Board also shall review a new town center designation four years after issuance or renewal and may review compliance with the designation requirements at more frequent intervals. The State Board may adjust the schedule of review under this subsection to coincide with the review of a related growth center. If at any time the State Board determines the new town center no longer meets the standards for designation established in subsection (b) of this section, it may take any of the following actions:
1. require corrective action;
2. provide technical assistance through the Vermont Downtown Program;
3. limit eligibility for the benefits pursuant to subsection (c) of this section without affecting any of the new town center's previously awarded benefits; or
4. remove the new town center's designation without affecting any of the town center's previously awarded benefits.
  Added 2001, No. 114 (Adj. Sess.), § 4a, eff. May 28, 2002; amended 2003, No. 115 (Adj. Sess.), § 80, eff. Jan. 31, 2005; 2007, No. 69 , § 1; 2007, No. 147 (Adj. Sess.), § 4, eff. May 16, 2008; 2007, No. 176 (Adj. Sess.), § 4, eff. May 28, 2008; 2013, No. 146 (Adj. Sess.), § 2, eff. May 27, 2014; 2017, No. 197 (Adj. Sess.), § 10.

History

2016. In subdiv. (c)(2), substituted "2794(a)(12)" for "2794(a)(14)" to correct the cross-reference.

Amendments--2017 (Adj. Sess.). Subsec. (d): Added the first sentence. In the second sentence: inserted "also" following "Board"; substituted "four" for "every five" preceding "years"; and inserted "after issuance or renewal" following "years".

Amendments--2013 (Adj. Sess.). Subsec. (a): Deleted the second sentence.

Subdivs. (a)(1)-(a)(3): Added.

Subdiv. (b)(1): Substituted "plan, and adopted bylaws and ordinances that" for "plan and regulations to" following "a municipal center" and "or other regulations that adequately control the physical form and scale of development." for "; and" at the end.

Subdiv. (b)(2)(G): Repealed.

Subsec. (d): Added the second sentence.

Amendments--2007 (Adj. Sess.). Subdiv. (b)(2)(A): Act No. 176 added the third sentence.

Subsec. (d): Act No. 147 substituted "five years" for "three years" and added "and may review compliance with the designation requirements at more frequent intervals" in the first sentence, and inserted "at any time" preceding "the state" in the second sentence of the introductory paragraph, and rewrote former subdiv. (3) as present subdivs. (3) and (4).

Amendments--2007. Subdiv. (b)(2)(A): Deleted "designed to accommodate a majority of the community's growth needs for the next 20 years" from the end of the first sentence and added the second sentence.

Subdiv. (b)(2)(G): Repealed.

Amendments--2003 (Adj. Sess.). Subdiv. (b)(1): Substituted "review" for "control" preceding "district created under this title".

§ 2793c. Designation of growth centers.

1. Definition. As used in this section, "growth center" means an area of land that: (a) (1) Definition. As used in this section, "growth center" means an area of land that:
  1. is within or adjoining a downtown, village center, or new town center designated under this chapter; and
  2. has clearly defined boundaries that can accommodate a majority of commercial, residential, and industrial growth anticipated by the municipality or municipalities over a 20-year period.
2. Development and redevelopment within any growth center shall support Vermont's traditional land use pattern of compact centers separated by rural lands and shall meet the requirements set forth in subsection (b) of this section.
Requirements. To achieve the purposes and goals set forth in section 4302 of this title and conform to smart growth principles, a growth center shall meet each of the following requirements:
1. Size. The size of the growth center shall be sufficient to accommodate a majority of the projected development within each applicant municipality over a 20-year planning period, and:
  1. shall be no larger than the area necessary to accommodate:
    1. 150 percent of the projected dwelling units in the municipality over the period; and
    2. no more than 100 percent of the projected commercial and industrial development in the municipality;
  2. shall not encompass an excessive area of land that would involve the unnecessary extension of infrastructure to service low-density development or automobile-dependent strip development; and
  3. may include undevelopable land and land planned for green space or open space, as well as areas designed for infill and redevelopment.
2. Location. The area of land proposed for the growth center shall be located within or shall adjoin a designated downtown, village center, or new town center. If the growth center is to be adjoining, then the applicant shall demonstrate that an existing designated downtown, village center, or new town center located within each applicant municipality reasonably cannot accommodate the growth proposed to occur in the growth center.
3. Uses. The growth center shall support and reinforce any existing designated downtown, village center, or new town center located in the municipality or adjacent municipality by accommodating concentrated residential neighborhoods and a mix and scale of commercial, civic, and industrial uses that are consistent with the anticipated demand for those uses within the municipality and region. The growth center shall incorporate a mix of uses that typically includes or is planned to include the following: retail, office, services, and other commercial, civic, recreational, industrial, and residential uses, including affordable housing and new residential neighborhoods, within a densely developed, compact area.
4. Density, design, and form. The municipality shall adopt municipal plan policies and implementing bylaws and ordinances applicable to the growth center that conform with design guidelines developed by the Department pursuant to subdivision (d)(3) of this section, and that:
  1. Allow net residential densities within the growth center greater than or equal to four single-family detached dwelling units per acre, exclusive of accessory dwelling units, or no fewer than the average existing density of the surrounding neighborhood, whichever is greater.
  2. Ensure that all investments contribute to a built environment that enhances the existing and planned character and supports pedestrian use.
  3. Ensure sufficient density, building heights, and building coverage or sufficient floor area ratio. A municipality may use bylaws that regulate adequately the physical form and scale of development to demonstrate compliance with this requirement.
  4. Minimize the required lot sizes, setbacks, and parking and street widths.
  5. Organize the proposed growth center development around one or more central places or focal points that will establish community identity and promote social interaction, such as prominent buildings of civic, cultural, or spiritual significance or a village green, common, or square.
  6. Prohibit linear, automobile-dependent strip development along heavily traveled roads within and extending outside the growth center.
5. Capital budget. The applicant has adopted, in accordance with section 4430 of this title, a capital budget and program that includes existing and planned wastewater treatment, water, stormwater, and transportation infrastructure; public spaces; other infrastructure necessary to support growth center development; and a reference map.
6. General infrastructure. The existing and planned infrastructure shall be adequate to implement the growth center and meet the municipality's 20-year growth needs. The municipality shall have adopted policies on the extension of water and wastewater lines that include a defined service area and allocation plan to support the growth center.
7. Public spaces. The growth center shall incorporate existing or planned public spaces that promote social interaction, such as public parks, civic buildings such as a post office or municipal offices, community gardens, and other formal and informal places to gather.
8. Transportation. Existing or planned transportation infrastructure serving the growth center shall be adequate to implement growth center development over the 20-year period, and shall conform with "complete streets" principles as described under 19 V.S.A. § 309d ; shall establish multi-modal access to the downtown, village center, or new town center; shall incorporate, accommodate, and support the use of public transit systems; and shall encompass a circulation system that is conducive to pedestrian and other nonvehicular traffic. The applicable municipal plans and bylaws shall include provisions that will result in street connectivity and aim to create a comprehensive, integrated, connected network for all modes.
9. Natural resources within growth centers. The growth center shall avoid or minimize the inclusion of important natural resources and identified flood hazard and fluvial erosion hazard areas. If an applicant includes an important natural resource or flood hazard or fluvial erosion hazard area within a proposed growth center, the applicant shall identify the resource or area, explain why the resource or area was included, describe any anticipated disturbance to the resource or area, and describe how the municipality's land use bylaws will avoid or minimize impacts to the resource or area. If impacts to the resource or area are necessary to achieve growth center goals, the applicant shall provide justification for why the disturbance cannot be avoided or minimized.
10. Natural resources outside growth centers. Municipalities applying for growth center designation shall ensure that the approved local plan, implementing bylaws, and other programs serve to minimize conflicts of development with agricultural and forest industries; minimize the conversion and fragmentation of farmland, forestland, or significant areas of habitat connectivity; and minimize impacts on important natural resources located outside the proposed growth center.
11. Historic resources. The growth center shall be compatible with and reinforce the character of sites that are listed or eligible for listing on the National or State Register of Historic Places, and other significant cultural and historic resources identified by local or State government in or adjacent to the growth center.
Application for designation of a growth center.
1. Before submitting a complete application to the Board, the municipal legislative body shall vote to apply for growth center designation according to the procedure established under sections 1972 and 1973 of this title.
2. The application for designation as a growth center shall:
  1. be based on a 20-year plan for growth that is reflected in the municipal plan of the municipality involved;
  2. include regional and local growth projections and shall identify targets for 20-year growth in various sectors;
  3. include an inventory map and analysis of growth and development potential in the designated downtown, village center, or new town center that connects to the proposed growth center; and
  4. quantify the type and amount of development and land area needed to support the proposed growth center beyond what is available in the designated downtown, village center, or new town center.
3. Each municipality involved in the application shall have a duly adopted and regionally approved municipal plan that describes the proposed growth center and a planning process that is confirmed in accordance with section 4350 of this title.
4. Each municipality involved in the application shall have adopted bylaws and regulations under sections 4414, 4418, and 4422 of this title and nonregulatory programs that will support and implement the growth center requirements of subsection (b) of this section.
5. Each application for designation as a growth center shall include:
  1. A description from the regional planning commission in which each applicant municipality is located of the role of the proposed growth center in the region, and the relationship between the proposed growth center and neighboring communities.
  2. Written confirmation from the applicable regional planning commission that the proposed growth center conforms with the regional plan for the region in which each applicant municipality is located.
  3. A concept plan depicting the character of the streets and public spaces within the growth center, and depicting the size and placement of buildings envisioned in the municipal plan.
  4. One or more maps that accurately delineate the boundaries of the growth center, and an official map, if one is adopted, of the growth center. The map or maps shall identify:
    1. growth center boundaries in relation to the associated designated downtown, village center, or new town center;
    2. important natural resources, identified flood hazard and fluvial erosion hazard areas, National Register Historic Districts, National or State Register Historic Sites, and other significant cultural and natural resources identified by local or State government within the municipality;
    3. existing slopes of 20 percent or greater; and
    4. existing and planned public facilities, including public buildings, public spaces, wastewater and water services, roads, sidewalks, paths, transit centers, parking areas, parks, and schools within the growth center boundaries.
Designation process.
1. Preliminary application and meeting process.
  1. Before submitting an application pursuant to subsection (c) of this section, a municipality shall submit a preliminary application to the Department consisting of a draft growth center map and a brief explanation of the planning and implementation policies the municipality plans to enact prior to submitting an application under subsection (c) of this section. These planning and implementation policies will be used to guide development within the growth center and preserve the rural character of the surrounding area.
  2. The Department shall solicit comments on the preliminary application from State agencies and regional planning commissions. The Department shall evaluate the preliminary application for compliance with the requirements of subsection (b) of this section, identify potential issues related to the growth center boundary and implementation tools, and make recommendations to address those issues through adjustment of the growth center boundaries and revised or alternative implementation plans.
  3. The Department shall schedule and conduct a preapplication meeting with the applicant.
2. Regional planning commission technical planning assistance. Regional planning commissions, pursuant to section 4345a of this title, are uniquely positioned to assist municipalities with growth center planning. To this end, at the request of a municipality contemplating growth center designation, the regional planning commission shall provide technical assistance in support of that designation.
  1. Technical support shall include:
    1. preparing population, housing, and employment growth projections for a period of not less than 20 years;
    2. mapping, including identification of development capacity, land use, existing and planned infrastructure and service areas, important natural resources and historic resources, and physical constraints to development and associated features; and
    3. analysis of whether the geographic area of proposed growth centers will accommodate a majority of the projected growth over a 20-year period.
  2. These projections and analyses may be prepared on a municipal or regional basis.
3. Planning manual. The Commissioner of Housing and Community Development or designee shall ensure that the planning manual prepared under section 4304 of this title provides guidelines for municipalities and regional planning commissions planning for growth center designation. The manual shall identify State resources available to assist municipalities and shall include a checklist indicating the issues that should be addressed by the municipality in planning for growth center designation.
  1. The manual shall address in appropriate detail:
    1. methodologies for conducting growth projections and analyses;
    2. the methodology for determining the appropriate size and location of a growth center boundary;
    3. the methodology for calculating residential density in a growth center; and
    4. the methodology for determining the adequacy of infrastructure needed to support anticipated growth within a growth center.
  2. The planning manual shall address defining appropriate boundaries that are not unduly expansive; enacting plan policies and implementation bylaws that accommodate reasonable densities, compact settlement patterns, and an appropriate mix of uses within growth centers; planning for infrastructure, transportation facilities, and open space; avoiding or mitigating impacts to important natural resources and historic resources; and strategies for maintaining the rural character and working landscape outside growth center boundaries.
4. Assistance by Department. The Commissioner of Housing and Community Development or designee shall provide ongoing assistance to the State Board to review applications for growth center designation, including coordinating review by State agencies on matters of agency interest and evaluating applications and associated plan policies and implementation measures for conformance with this section.
5. Planning grants. The Vermont Municipal Planning Grant Program, pursuant to subdivision 4306(b)(2) of this title, shall make funding for activities associated with growth center planning a priority, and the Vermont Community Development Program shall make funding for activities associated with growth center planning a priority under the planning grant program.
6. Designation decision. Within 90 days of the receipt of a completed application, after providing notice as required in the case of a proposed municipal plan or amendment to each person listed under subsection 4384(e) of this title and to the executive director of each adjacent regional planning commission, and after providing an opportunity for the public to be heard, the State Board formally shall designate a growth center if the State Board finds, in a written decision, that the growth center proposal meets the requirements of subsection (b) of this section. An application that complies with all of the requirements of subsection (b) of this section other than the size requirement set forth in subdivision (b)(1) may be approved by the State Board if the applicant presents compelling justification for deviating from the size requirement and provided that at least two-thirds but no fewer than seven of the members of the State Board present vote in favor of the application.
7. Conditions of designation. The Board, as a condition of growth center designation, may require certain regulatory changes prior to the effective date of designation. In addition, the growth center designation may be modified, suspended, or revoked if the applicant fails to achieve the required regulatory changes within a specified period of time. As an option, municipalities applying for growth center designation may make certain regulatory changes effective and contingent upon formal designation.
8. Request for reconsideration. Within 21 days of a growth center designation under subdivision (1) of this subsection, a person or entity that submitted written or oral comments to the State Board during its consideration of the application for the designated growth center may request that the State Board reconsider the designation. Any such request for reconsideration shall identify each specific finding of the State Board for which reconsideration is requested and state the reasons why each such finding should be reconsidered. The filing of such a request shall stay the effectiveness of the designation until the State Board renders its decision on the request. On receipt of such a request, the State Board shall promptly notify the applicant municipality of the request if that municipality is not the requestor. The State Board shall convene at the earliest feasible date to consider the request and shall render its decision on the request within 90 days of the date on which the request was filed.
Length of Designation.
1. Except as otherwise provided in this section, growth center designation shall extend for 20 years. The State Board shall review a growth center designation no less frequently than every five years, after providing notice as required in the case of a proposed municipal plan or amendment under subsection 4384(e) of this title, and after providing an opportunity for the public to be heard. For each applicant, the State Board may adjust the schedule of review under this subsection so as to coincide with the review of the related and underlying designation of a downtown, village center, or new town center.
2. The five-year review shall include, at a minimum, an updated five-year capital plan that funds infrastructure improvements necessary to implement growth center development, updated development projections, a summary of growth within and outside the growth center to date, and any changes to the municipal plan, bylaws, or maps since the original growth center application or any previous review.
3. If, at the time of the review, the State Board determines that the growth center no longer meets the standards for designation in effect at the time the growth center initially was designated, the State Board may:
  1. require corrective action;
  2. provide technical assistance through the coordinated assistance program; or
  3. remove the growth center's designation, with that removal not affecting any of the growth center's previously awarded benefits.
4. At any time, a municipality shall be able to apply to the State Board for amendment of a designated growth center or any related conditions or other matters, according to the procedures that apply in the case of an original application.
Review by the Natural Resources Board and issuance of Act 250 findings of fact and conclusions of law. Subsequent to growth center designation by the State Board, an applicant municipality may submit a request for findings of fact and conclusions of law under specific criteria of 10 V.S.A. § 6086(a) to the Natural Resources Board for consideration in accordance with the following:
1. In requesting findings of fact, the applicant municipality shall specify any criteria for which findings and conclusions are requested and the nature and scope of the findings that are being requested.
2. The Natural Resources Board shall notify all landowners of land located within the proposed growth center, entities that would be accorded party status before a District Commission under 10 V.S.A. § 6085(c)(1)(C) and (D), and all owners of land adjoining the proposed growth center of a hearing on the issue. The Natural Resources Board may fashion alternate and more efficient means of providing adequate notice to persons potentially affected under this subdivision. Persons notified may appear at the hearing and be heard, as may any other person who has a particularized interest protected by 10 V.S.A. chapter 151 that may be affected by the decision.
3. The Natural Resources Board shall review the request in accordance with and shall issue findings of fact and conclusions of law under the applicable criteria of 10 V.S.A. § 6086(a) which are deemed to have been satisfied by the applicant's submissions during the formal designation process, any additional submissions, as well as associated municipal plan policies, programs, and bylaws. Findings and conclusions of law shall be effective for a period of five years, unless otherwise provided. The Natural Resources Board, before issuing its findings and conclusions, may require specific changes in the proposal, or regulatory changes by the municipality, as a condition for certain findings and conclusions. These findings and conclusions shall be subject to appeal to the Environmental Division pursuant to 10 V.S.A. chapter 220 within 30 days of issuance.
4. During the period of time in which a growth center designation remains in effect, any findings and conclusions issued by the Natural Resources Board or any final adjudication of those findings and conclusions shall be applicable to any subsequent application for approval by a District Commission under 10 V.S.A. chapter 151 and shall be binding upon the District Commission and the persons provided notice in the Natural Resources Board proceeding, according to the rules of the Natural Resources Board, provided the proposed development project is located within the designated growth center.
5. In any application to a District Commission under 10 V.S.A. chapter 151 for approval of a proposed development or subdivision to be located within the designated growth center, the District Commission shall review de novo any relevant criteria of 10 V.S.A. § 6086(a) that are not subject to findings of fact and conclusions of law issued by the Natural Resources Board pursuant to this section.
6. The decision of the State Board pursuant to this section shall not be binding as to the criteria of 10 V.S.A. § 6086(a) in any proceeding before the Natural Resources Board or a District Commission.
Review by District Commission. In addition to its other powers, in making its determinations under 10 V.S.A. § 6086 , a District Commission may consider important resources within a proposed growth center that have been identified in the designation process and the anticipated impacts on those resources, and may require that reasonable mitigation be provided as an alternative to permit denial.
Concurrent designation. A municipality may seek designation of a growth center concurrently with the designation of a downtown pursuant to section 2793 of this title, the designation of a village center pursuant to section 2793a of this title, or the designation of a new town center pursuant to section 2793b of this title.
Benefits from designation. A growth center designated by the State Board pursuant to this section is eligible for the following development incentives and benefits:
1. Financial incentives.
  1. A municipality may use tax increment financing for infrastructure and improvements in its designated growth center pursuant to the provisions of Title 32 and this title. A designated growth center under this section shall be presumed to have met any locational criteria established in Vermont statutes for tax increment financing. The State Board may consider project criteria established under those statutes and, as appropriate, may make recommendations as to whether any of those project criteria have been met.
  2. Vermont Economic Development Authority (VEDA) incentives shall be provided to designated growth centers.
2. State assistance and funding for growth centers.
  1. It is the intention of the General Assembly to give the highest priority to facilitating development and growth in designated downtowns and village centers whenever feasible. The provisions in this section and elsewhere in law that provide and establish priorities for State assistance and funding for designated growth centers are not intended to take precedence over any other provisions of law that provide State assistance and funding for designated downtowns and village centers.
  2. On or before January 15, 2007, the Secretary of Administration, in consultation with the Secretaries of Natural Resources, of Transportation, of Commerce and Community Development, and of Agriculture, Food and Markets, shall report to the General Assembly on the priorities and preferences for State assistance and funding granted in law to downtown centers, village centers, and designated growth centers, and the manner in which such priorities are applied.
3. State infrastructure and development assistance.
  1. With respect to State grants and other State funding, priority should be given to support infrastructure and other investments in public facilities located inside a designated growth center to consist of the following:
    1. Agency of Natural Resources funding of new, expanded, upgraded, or refurbished wastewater management facilities serving a growth center in accordance with the Agency's rules regarding priority for pollution abatement, pollution prevention, and the protection of public health and water quality.
    2. Technical and financial assistance for brownfields remediation under the Vermont brownfields initiative.
    3. Community development block grant (CDBG) program implementation grants.
    4. Technical, financial, and other benefits made available by statute or rule.
  2. Whenever the Commissioner of Buildings and General Services or other State officials in charge of selecting a site are planning to lease or construct buildings suitable to being located in a designated growth center after determining that the option of utilizing existing space in a downtown development district pursuant to subdivision 2794(a)(12) of this title or within a designated village center pursuant to subdivision 2793a(c)(5) of this title or within a designated new town center pursuant to subdivision 2793b(c)(2) of this title is not feasible, the option of locating in a designated growth center shall be given thorough investigation and priority in consultation with the legislative body of the municipality.
4. State investments. The State shall:
  1. Expand the scope of the downtown transportation fund, as funds are available, to include access to downtowns with the first priority being projects located in designated downtowns, the second priority being projects located in designated village centers, and the third priority being projects located in designated growth centers.
  2. Extend priority consideration for transportation enhancement improvements located within or serving designated downtowns, village centers, and growth centers.
  3. Grant to projects located within designated growth centers priority consideration for State housing renovation and affordable housing construction assistance programs.
5. Regulatory incentives.
  1. Master plan permit application. At any time while designation of a growth center is in effect, any person or persons who exercise ownership or control over an area encompassing all or part of the designated growth center or any municipality within which a growth center has been formally designated may apply for a master plan permit for that area or any portion of that area to the District Commission pursuant to the rules of the Natural Resources Board. Municipalities making an application under this subdivision are not required to exercise ownership of or control over the affected property. The District Commission shall be bound by any conclusions or findings of the Natural Resources Board, or any final adjudication of those findings and conclusions, pursuant to subsection (f) of this section but shall consider de novo any of the criteria of 10 V.S.A. § 6086(a) that were not subject to the final issuance of findings and conclusions by the Natural Resources Board pursuant to that subsection. In approving a master permit, the District Commission may set forth specific conditions that an applicant for an individual project permit will be required to meet.
  2. Individual project permits within a designated growth center. The District Commission shall review individual Act 250 permit applications in accordance with the specific findings of fact and conclusions of law issued by the Natural Resources Board under this section, if any, and in accordance with the conditions, findings, and conclusions of any applicable master plan permit. Any person proposing a development or subdivision within a designated growth center where no master plan permit is in effect shall be required to file an application with the District Environmental Commission for review under the criteria of 10 V.S.A. § 6086(a) .
    Added 2005, No. 183 (Adj. Sess.), § 4; amended 2009, No. 136 (Adj. Sess.), § 3; 2009, No. 154 (Adj. Sess.), § 236; 2013, No. 11 , § 25; 2013, No. 146 (Adj. Sess.), § 3, eff. May 27, 2014.

History

2016. In subdiv. (i)(3)(B), substituted "2794(a)(12)" for "2794(a)(13)" and "2793(c)(5)" for "2793(c)(6)" to correct the cross-references.

Amendments--2013 (Adj. Sess.). Section amended generally.

Amendments--2013. Substituted "Natural Resources Board" for "land use panel" and "panel" throughout the section.

Amendments--2009 (Adj. Sess.) Act No. 136 rewrote subsecs. (b), (d), and (e).

Act No. 154 substituted "environmental division" for "environmental court" in subdiv. (f)(3).

§ 2793d. Repealed. 2013, No. 59, § 7, effective July 1, 2018.

History

Former § 2793d. Former § 2793d, relating to designation of Vermont neighborhoods, was derived from 2007, No. 176 (Adj. Sess.), § 3 and amended by 2009, No. 136 (Adj. Sess.), § 4; 2011, No. 52 , § 23a; and 2013, No. 59 , § 6.

§ 2793e. Neighborhood planning areas; designation of neighborhood development areas.

Purpose. This section is intended to encourage a municipality to plan for new and infill housing in the area including and immediately encircling its designated downtown, village center, new town center, or within its designated growth center in order to provide needed housing and to further support the commercial establishments in the designated center. To support this goal, this section sets out a two-component process.
1. The first component is the automatic delineation of a study area, defined in this section as a neighborhood planning area, that includes and encircles a municipality's designated downtown, village center, or new town center or, in the case of a designated growth center, is within the designated center. The process established by this section allows a municipality with a designated center to identify those locations within a neighborhood planning area that are suitable primarily for residential development.
2. The second component is the application by a municipality for the designation of locations within this study area as neighborhood development areas that are suitable for residential development and will receive the benefits provided by this section.
3. The Department shall provide municipalities with designated downtowns, village centers, new town centers, and growth centers with grants, as they become available, and technical assistance to help such municipalities apply for and receive neighborhood development area designations.
Definitions.
1. "Neighborhood planning area" means an automatically delineated area including and encircling a downtown, village center, or new town center designated under this chapter or within a growth center designated under this chapter. A neighborhood planning area is used for the purpose of identifying locations suitable for new and infill housing that will support a development pattern that is compact, oriented to pedestrians, and consistent with smart growth principles. To ensure a compact settlement pattern, the outer boundary of a neighborhood planning area shall be located entirely within the boundaries of the applicant municipality and shall be determined:
  1. for a municipality with a designated downtown, by measuring out one-half mile from each point around the entire perimeter of the designated downtown boundary;
  2. for a municipality with one or more designated village centers, by measuring out one-quarter mile from each point around the entire perimeter of the designated village center boundary;
  3. for a municipality with a designated new town center, by measuring out one-quarter mile from each point around the entire perimeter of the designated new town center boundary; and
  4. for a municipality with a designated growth center, as the same boundary as the designated growth center boundary.
2. "Neighborhood development area" means a location within a neighborhood planning area that is suitable for new and infill housing and that has been approved by the State Board for designation under this section and associated benefits.
Application for designation of a neighborhood development area. The State Board shall approve a neighborhood development area if the application demonstrates and includes all of the following elements:
1. The municipality has a duly adopted and approved plan and a planning process that is confirmed in accordance with section 4350 of this title and has adopted bylaws and regulations in accordance with sections 4414, 4418, and 4442 of this title.
2. A preapplication meeting with Department staff was held to review the program requirements and to preliminarily identify possible neighborhood development areas.
3. The proposed neighborhood development area is within a neighborhood planning area or such extension of the planning area as may be approved under subsection (d) of this section.
4. The proposed neighborhood development area consists of those portions of the neighborhood planning area that are generally within walking distance from the municipality's downtown, village center, or new town center designated under this chapter or from locations within the municipality's growth center designated under this chapter that are planned for higher density development.
5. The proposed neighborhood development area consists of those portions of the neighborhood planning area that are appropriate for new and infill housing, excluding identified flood hazard and fluvial erosion areas. In determining what areas are most suitable for new and infill housing, the municipality shall balance local goals for future land use, the availability of land for housing within the neighborhood planning area, and the smart growth principles. Based on those considerations, the municipality shall select an area for neighborhood development area designation that:
  1. Avoids or that minimizes to the extent feasible the inclusion of "important natural resources" as defined in subdivision 2791(14) of this title. If an "important natural resource" is included within a proposed neighborhood development area, the applicant shall identify the resource, explain why the resource was included, describe any anticipated disturbance to such resource, and describe why the disturbance cannot be avoided or minimized.
  2. Is served by planned or existing transportation infrastructure that conforms with "complete streets" principles as described under 19 V.S.A. § 309d and establishes pedestrian access directly to the downtown, village center, or new town center.
  3. Is compatible with and will reinforce the character of adjacent National Register Historic Districts, National or State Register Historic Sites, and other significant cultural and natural resources identified by local or State government.
6. The neighborhood development area is served by:
  1. municipal sewer infrastructure; or
  2. a community or alternative wastewater system approved by the Agency of Natural Resources.
7. The municipal bylaws allow minimum net residential densities within the neighborhood development area greater than or equal to four single-family detached dwelling units per acre, exclusive of accessory dwelling units, or no fewer than the average existing density of the surrounding neighborhood, whichever is greater. The methodology for calculating density shall be established in the guidelines developed by the Department pursuant to subsection 2792(d) of this title.
  1. Regulations that adequately regulate the physical form and scale of development may be used to demonstrate compliance with this requirement.
  2. Development in the neighborhood development areas that is lower than the minimum net residential density required by this subdivision (7) shall not qualify for the benefits stated in subsections (f) and (g) of this section. The district coordinator shall determine whether development meets this minimum net residential density requirement in accordance with subsection (f) of this section.
8. Local bylaws, regulations, and policies applicable to the neighborhood development area substantially conform with neighborhood design guidelines developed by the Department pursuant to section 2792 of this title. These policies shall:
  1. ensure that all investments contribute to a built environment that enhances the existing neighborhood character and supports pedestrian use;
  2. ensure sufficient residential density and building heights;
  3. minimize the required lot sizes, setbacks, and parking and street widths; and
  4. require conformance with "complete streets" principles as described under 19 V.S.A. § 309d , street and pedestrian connectivity, and street trees.
9. Residents hold a right to utilize household energy conserving devices.
10. The application includes a map or maps that, at a minimum, identify:
  1. "important natural resources" as defined in subdivision 2791(14) of this title;
  2. existing slopes of 25 percent or steeper;
  3. public facilities, including public buildings, public spaces, sewer or water services, roads, sidewalks, paths, transit, parking areas, parks, and schools;
  4. planned public facilities, roads, or private development that is permitted but not built;
  5. National Register Historic Districts, National or State Register Historic Sites, and other significant cultural and natural resources identified by local or State government;
  6. designated downtown, village center, new town center, or growth center boundaries as approved under this chapter and their associated neighborhood planning area in accordance with this section; and
  7. delineated areas of land appropriate for residential development and redevelopment under the requirements of this section.
11. The application includes the information and analysis required by the Department's guidelines under section 2792 of this title.
Designation process. Within 45 days of receipt of a complete application for designation of a neighborhood development area, the State Board, after opportunity for public comment, shall approve a neighborhood development area if the Board determines that the applicant has met the requirements of this section.
1. When approving a neighborhood development area, the State Board shall consult with the applicant about any changes the Board considers making to the boundaries of the proposed area. After consultation with the applicant, the Board may change the boundaries of the proposed area.
2. A neighborhood development area may include one or more areas of land extending beyond the delineated neighborhood planning area, provided that at least 80 percent but no fewer than seven of the members of the State Board present find that:
  1. including the extended area beyond the neighborhood planning area is consistent with the goals of section 4302 of this title;
  2. residential development opportunities within the neighborhood planning area are limited due to natural constraints and existing development;
  3. the extended area represents a logical extension of an existing compact settlement pattern and is consistent with smart growth principles; and
  4. the extended area is adjacent to existing development.
Length of designation. Initial designation of a neighborhood development area shall be reviewed concurrently with the next periodic review conducted of the underlying designated downtown, village center, new town center, or growth center.
1. The State Board, on its motion, may review compliance with the designation requirements at more frequent intervals.
2. If the underlying downtown, village center, new town center, or growth center designation terminates, the neighborhood development area designation also shall terminate.
3. If at any time the State Board determines that the designated neighborhood development area no longer meets the standards for designation established in this section, it may take any of the following actions:
  1. require corrective action within a reasonable time frame;
  2. remove the neighborhood development area designation; or
  3. prospectively limit benefits authorized in this chapter.
4. Action taken by the State Board under subdivision (3) of this subsection shall not affect benefits already received by the municipality or a land owner in the designated neighborhood development area.
Neighborhood development area incentives for developers. Once a municipality has a designated neighborhood development area or has a Vermont neighborhood designation pursuant to section 2793d of this title, any proposed development within that area shall be eligible for each of the benefits listed in this subsection. These benefits shall accrue upon approval by the district coordinator, who shall review the density requirements set forth in subdivision (c)(7) of this section to determine benefit eligibility and issue a jurisdictional opinion under 10 V.S.A. chapter 151 on whether the density requirements are met. These benefits are:
1. The application fee limit for wastewater applications stated in 3 V.S.A. § 2822(j)(4)(D) .
2. The application fee reduction for residential development stated in 10 V.S.A. § 6083a(d) .
3. The exclusion from the land gains tax provided by 32 V.S.A. § 10002(p) .
Neighborhood development area incentives for municipalities. Once a municipality has a designated neighborhood development area, it may receive:
1. priority consideration for municipal planning grant funds; and
2. training and technical assistance from the Department to support an application for benefits from the Department.
Alternative designation. If a municipality has completed all of the planning and assessment steps of this section but has not requested designation of a neighborhood development area, an owner of land within a neighborhood planning area may apply to the State Board for neighborhood development area designation status for a portion of land within the neighborhood planning area. The applicant shall have the responsibility to demonstrate that all of the requirements for a neighborhood development area designation have been satisfied and to notify the municipality that the applicant is seeking the designation. The State Board shall provide the municipality with at least 14 days' prior written notice of the Board's meeting to consider the application, and the municipality shall submit to the State Board the municipality's response, if any, to the application before or during that meeting. On approval of a neighborhood development area designation under this subsection, the applicant may proceed to obtain a jurisdictional opinion from the district coordinator under subsection (f) of this section in order to obtain the benefits granted to neighborhood development areas.
Added 2013, No. 59 , § 8.

§ 2794. Incentives for program designees.

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 following State tax credits:
  1. A State historic rehabilitation tax credit of 10 percent under 32 V.S.A. § 5930cc(a) that meets the requirements for the federal rehabilitation tax credit.
  2. A State fa›cade improvement tax credit of 25 percent under 32 V.S.A. § 5930cc(b) .
  3. A State code improvement tax credit of 50 percent under 32 V.S.A. § 5930cc(c) .
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 V.S.A. chapter 29.
4. Financing of transportation projects under the State Infrastructure Bank, created under 10 V.S.A. 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 V.S.A. 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:
  1. 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.
  2. Directly or indirectly cause or contribute to any releases or threatened releases of hazardous materials at the property.
  3. 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.
  4. Dispose of, or arrange for the disposal of hazardous materials at the property.
  5. 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 facades, 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.
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 V.S.A. 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.

History

2016. In subdiv. (a)(5), changed reference to Brownfield Property Cleanup Program in accordance with 2007, No. 147 (Adj. Sess.), §§ 7, 9. In subdiv. (b), changed reference to 32 V.S.A. chapter 151, subchapter 11J in accordance with 2005, No. 183 (Adj. Sess.), §§ 12, 16(b).

Amendments--2005 (Adj. Sess.) Subsec. (a): Amended generally.

Amendments--2001 (Adj. Sess.) Subdiv. (a)(1): Added "provided the project is eligible for the assistance program" at the end of the subdivision.

Subdiv. (a)(2): Substituted "credit of ten percent" for "credit of five percent" and substituted "section 5930n of Title 32" for "subchapter 11F of chapter 151 of Title 32".

Subdiv. (a)(3): Substituted "section 5930p of Title 32" for "subchapter 11G of chapter 151 of Title 32".

Subdiv. (a)(5): Deleted "eligibility for" preceding "financing of transportation".

Subdiv. (a)(6): Substituted "assistance from the secretary of the agency of natural resources" for "eligibility".

Subdiv. (a)(11): Deleted "enabling building owners within the district to be eligible for" preceding "a rebate of cost" and inserted "for building owners or lessees" following "not to exceed $2,000.00" in the first sentence and substituted "section 5930n or section 5930p of Title 32" for "subchapter 11F or subchapter 11G of chapter 151 of Title 32" throughout the subdivision.

Subdiv. (a)(12): Substituted "participation" for "eligibility to participate".

Subdivs. (a)(13)-(a)(16): Added.

§ 2795. Considerations for competitive-based incentives.

In awarding competitive-based financial incentives under section 2794 of this title, including a rebate and tax incentives, or in awarding grants or other assistance from the Downtown Transportation and Related Capital Improvement Fund under section 2796 of this title, the Vermont Downtown Development Board shall give consideration to the following factors:

the vacancy rate for existing buildings in the downtown district;
the current or projected unemployment rate for the labor market area in which the municipality is located;
ordinances or bylaws adopted by the municipality that support the preservation of the downtown's vitality, including:
1. an ordinance or bylaw requiring that new construction in the downtown development district shall be compatible with the buildings that contribute to the integrity of the district, in terms of materials, features, size, scale and proportion, and massing of buildings, and that exterior rehabilitation shall respect the historic and architectural significance and its exterior features; and
2. a conditional use provision in a town zoning ordinance that supports adaptive reuse of historic properties;
the integration of the proposed improvements with any coordinated plan for the downtown district and surrounding area;
the degree of any deficiency in the downtown district of transportation infrastructure including parking facilities;
the vulnerability of the downtown district to economic decline due to competing development in adjacent areas;
the immediacy of the benefits provided and the desirability of prompt action to secure those benefits for a downtown district;
the amount of investment from individual Vermont taxpayers that has been committed to projects in the downtown district. In considering this factor, the Board shall recognize the value of individuals participating in downtown projects by giving preference to applications for incentives from individual Vermont taxpayers, and projects coordinated by developers who have encouraged the participation of such investors.
Added 1997, No. 120 (Adj. Sess.), § 1; amended 1999, No. 159 (Adj. Sess.), § 33.

History

2016. In the introductory language and in subdiv. (3), deleted "but not limited to" following "including" in accordance with 2013, No. 5 , § 4.

Amendments--1999 (Adj. Sess.). Made a minor change in punctuation in subdiv. (7) and added subdiv. (8).

§ 2796. Downtown Transportation and Related Capital Improvement Fund.

There is created a Downtown Transportation and Related Capital Improvement Fund, to be also known as the Fund, which shall be a special fund created under 32 V.S.A. chapter 7, subchapter 5, to be administered by the Vermont Downtown Development Board in accordance with this chapter to aid municipalities with designated downtown districts in financing capital transportation and related improvement projects to support economic development.
The Fund shall be comprised of the following:
1. such State or federal funds as may be appropriated by the General Assembly;
2. any gifts, grants, or other contributions to the Fund;
3. proceeds from the issuance of general obligation bonds.
Any municipality with a designated downtown development district may apply to the Vermont Downtown Development Board for financial assistance from the Fund for capital transportation and related improvement projects within or serving the district. The Board may award to any municipality grants in amounts not to exceed $250,000.00 annually, loans, or loan guarantees for financing capital transportation projects, including construction or alteration of roads and highways, parking facilities, and rail or bus facilities or equipment, or for the underground relocation of electric utility, cable, and telecommunications lines, but shall not include assistance for operating costs. Grants awarded by the Board shall not exceed 80 percent of the overall cost of the project. The approval of the Board may be conditioned upon the repayment to the Fund of some or all of the amount of a loan or other financial benefits and such repayment may be from local taxes, fees, or other local revenues sources. The Board shall consider geographical distribution in awarding the resources of the Fund.
The Fund shall be available to the Department of Housing and Community Development for the reasonable and necessary costs of administering the Fund. The amount projected to be spent on administration shall be included in the Department's fiscal year budget presentations to the General Assembly.
Added 1997, No. 120 (Adj. Sess.), § 1; amended 2003, No. 66 , § 237b; 2005, No. 6 , § 64, eff. March 26, 2005; 2015, No. 58 , § E.805.

History

Amendments--2015. Subsec. (c): Deleted "but not limited to" preceding "construction" in the second sentence, and substituted "80 percent" for "50 percent" in the third sentence.

Subsec. (d): Amended generally.

Amendments--2005. Subsec. (d): Added.

Amendments--2003. Subsec. (c): Substituted "50" for "twenty-five" preceding "percent" in the third sentence.

§ 2797. Property Assessment Fund; brownfields and redevelopment; competitive program.

There is created a Property Assessment Fund pursuant to 32 V.S.A. chapter 7, subchapter 5 to be administered by the Department of Housing and Community Development for the purpose of providing financing, on a competitive basis, to municipalities that demonstrate a financial need in order to determine and evaluate a full assessment of the extent and the cost of remediation of property, or in the case of an existing building, an assessment that supports a clear plan, including the associated costs of renovation to bring the building into compliance with State and local building codes.
The Fund shall be composed of the following:
1. State or federal funds that may be appropriated by the General Assembly.
2. Any gifts, grants, or other contributions to the funds.
3. Proceeds from the issuance of general obligation bonds.
A municipality deemed financially eligible may apply to the fund for the assessment of property and existing buildings proposed for redevelopment, provided the Department finds that the property or building:
1. is not likely to be renovated or improved without the preliminary assessment;
2. when renovated or redeveloped, will integrate and be compatible with any applicable and approved regional development, capital, and municipal plans; is expected to create new property tax if developed by a taxable entity; and is expected to reduce pressure for development on open or undeveloped land in the local community or in the region.
The Department shall distribute funds under this section in a manner that provides funding for assessment projects of various sizes in as many geographical areas of the State as possible and may require matching funds from the municipality in which an assessment project is conducted.
Added 2003, No. 121 (Adj. Sess.), § 49, eff. June 8, 2004.

History

2016. In subsec. (a), substituted "Department of Housing and Community Development" for "Department of Housing and Community Affairs" in light of E.O. No. 3-56.

§ 2798. Designation decisions; nonappeal.

The designation decisions of the State Board under this chapter are not subject to appeal.

Added 2013, No. 59 , § 9.

§ 2799. Better Places Program; crowd granting. Section 2799 repealed effective July 1, 2024.

1. There is created the Better Places Program within the Department of Housing and Community Development, and the Better Places Fund, which the Department shall manage pursuant to 32 V.S.A. chapter 7, subchapter 5. (a) (1) There is created the Better Places Program within the Department of Housing and Community Development, and the Better Places Fund, which the Department shall manage pursuant to 32 V.S.A. chapter 7, subchapter 5.
2. The purpose of the Program is to utilize crowdfunding to spark community revitalization through collaborative grantmaking for projects that create, activate, or revitalize public spaces.
3. The Department may administer the Program in coordination with and support from other State agencies and nonprofit and philanthropic partners.
The Fund is composed of the following:
1. State or federal funds appropriated by the General Assembly;
2. gifts, grants, or other contributions to the Fund; and
3. any interest earned by the Fund.
As used in this section, "public space" means an area or place that is open and accessible to all people with no charge for admission and includes village greens, squares, parks, community centers, town halls, libraries, and other publicly accessible buildings and connecting spaces such as sidewalks, streets, alleys, and trails.
1. The Department of Housing and Community Development shall establish an application process, eligibility criteria, and criteria for prioritizing assistance for awarding grants through the Program. (d) (1) The Department of Housing and Community Development shall establish an application process, eligibility criteria, and criteria for prioritizing assistance for awarding grants through the Program.
2. The Department may award a grant to a municipality, a nonprofit organization, or a community group with a fiscal sponsor for a project that is located in or serves a designated downtown, village center, new town center, or neighborhood development area that will create a new public space or revitalize or activate an existing public space.
3. The Department may award a grant to not more than one project per calendar year within a municipality.
4. The minimum amount of a grant award is $5,000.00, and the maximum amount of a grant award is $40,000.00.
5. The Department shall develop matching grant eligibility requirements to ensure a broad base of community and financial support for the project, subject to the following:
  1. A project shall include in-kind support and matching funds raised through a crowdfunding approach that includes multiple donors.
  2. An applicant may not donate to its own crowdfunding campaign.
  3. A donor may not contribute more than $10,000.00 or 35 percent of the campaign goal, whichever is less.
  4. An applicant shall provide matching funds raised through crowdfunding of not less than 33 percent of the grant award.
The Department of Housing and Community Development, with the assistance of a fiscal agent, shall distribute funds under this section in a manner that provides funding for projects of various sizes in as many geographical areas of the State as possible.
The Department of Housing and Community Development may use up to 15 percent of any appropriation to the Fund from the General Fund to assist with crowdfunding, administration, training, and technological needs of the Program.
Added 2021, No. 74 , § H.6; repealed on July 1, 2024 by 2021, No. 74 , § H.8.

History

Legislative findings; intent and purpose. 2021, No. 74 , § H.5 provides: "(a) The General Assembly finds:

"(1) The COVID-19 pandemic has devasted our economy through business closures and job losses, and physical distancing requirements have exacerbated social isolation and impacted Vermonters' quality of life and sense of community.

"(2) Public spaces are essential for supporting economic activity and health and well-being throughout the pandemic and for building engaged, equitable, and resilient communities in the future.

"(3) Vermont's downtowns and villages increasingly depend on inviting public spaces that are robustly programmed to restore our distinct sense of place; strengthen community pride and identity; and attract businesses, jobs, and talent.

"(4) Placemaking projects intentionally leverage the power of the arts and cultural assets to strengthen the economic and social fabric of communities and allow for growth and transformation that builds upon local and regional character, culture, and quality of place.

"(5) Research shows that community-driven placemaking projects increase economic and civic vitality and create spaces where commerce thrives, social connections flourish, civic participation increases, and residents are empowered to take ownership of their future to build healthier and equitable local economies.

"(b) It is the intent of the General Assembly to:

"(1) enhance the livability and unique sense of place in Vermont's downtowns and villages by providing funding, training, and resources to support investments in public spaces and local placemaking projects that build prosperous, equitable, healthy, and resilient communities;

"(2) promote healthy, safe, equitable, and vibrant downtowns, villages, and neighborhoods for people of all ages, abilities, backgrounds, and incomes by increasing public space and placemaking investments in local communities;

"(3) strategically coordinate and simplify the funding process from multiple community development funders, streamline the grantmaking and distribution process, democratize community access to grant funds, and provide communities a nimble, flexible source to quickly fund and launch community-driven placemaking projects to make positive and enduring change locally; and

"(4) help local leaders identify, develop, and implement placemaking projects by creating the Better Places Program to advance local recovery efforts, rebuild local economies, boost local capacity, and reconnect Vermonters to one another - critical elements that help communities recover quickly and build prosperous and resilient communities in the future."

Prospective repeal of section. 2021, No. 74 , § H.8 provides that this section shall be repealed on July 1, 2024.

CHAPTER 77. CONSTRUCTION; CONDEMNATION

Sec.

Cross References

Cross references. Condemnation of property for construction of sanitary landfill, see ch. 61, subch. 13 of this title.

§ 2801. Aqueducts.

The selectboard of a town may procure the right to lay and maintain aqueducts and pipes across the land of any person when the public good and necessity require a new or additional supply of water for use in a town hall or watering trough on a public highway.
When the selectboard is unable to agree with the owner of such land as to the necessity for taking or the compensation to be paid therefor, it shall proceed to secure such right, and have the question of the necessity for taking and the damages sustained thereby determined as provided for taking land for a townhouse. The title to the land so secured shall be valid and vest in the town for the purposes herein named.
The title to the land so secured shall be valid and vest in the town for the purposes herein named.

History

Source. V.S. 1947, § 3648. P.L. § 3563. G.L. § 4050. 1917, No. 254 , § 4000. P.S. § 3545. 1904, No. 75 , § 1.

2016. Substituted "selectboard" for "selectmen" in two places with 2013, No. 161 , (Adj. Sess.), § 72 and added the subsec. (a)-(c) designations.

§ 2802. Definitions.

The words "building" or "municipal building" as used in this chapter include wharves and docks and the lands surrounding or appurtenant thereto necessary for a highway or for parking or other public purposes connected therewith.

Added 1967, No. 313 (Adj. Sess.), § 4, eff. March 22, 1968.

History

Prior law. 24 V.S.A. § 2801a.

§ 2803. Building committee; vote of town or district.

A municipality may vote to place the construction of a building to be erected for public purposes under the general supervision and control of a building committee.

History

Source. V.S. 1947, § 3761. P.L. § 3665. 1933, No. 157 , § 3436. 1921, No. 102 .

Prior law. 24 V.S.A. § 2802.

§ 2804. Reserve funds; use.

At an annual or special meeting duly warned, a municipality may establish a reserve fund to be under the control and direction of the legislative branch of the municipality. The reserve fund shall be kept in a separate account and invested as are other public funds and may be expended for such purposes for which established, or when authorized by a majority of the voters present and voting at an annual or special meeting duly warned, for other purposes.
If a reserve fund is established under subsection (a) of this section to pay a school district's future school capital construction costs approved under 16 V.S.A. chapter 123, any funds raised by the district as part of its education spending to pay for those future costs shall be considered "approved school capital construction spending" in calculating excess spending under 32 V.S.A. § 5401(12) . Districts shall submit to the Agency of Education annually a report of deposits into and expenditures from a school capital construction reserve fund. If the Agency of Education determines that any amount in the reserve fund has not been used for approved school capital construction within five years after deposit into the fund, then 150 percent of that amount shall be added to the district's education spending in the then-current year for purposes of calculating the excess spending penalty. The definitions in 16 V.S.A. chapter 133 shall apply to this subsection.
Amended 1997, No. 71 (Adj. Sess.), § 103, eff. March 11, 1998; 2005, No. 38 , § 23; 2013, No. 92 (Adj. Sess.), § 271, eff. Feb. 14, 2014.

History

Source. 1951, No. 72 . 1949, No. 79 . V.S. 1947, § 3762. 1945, No. 48 , § 1.

Amendments--2013 (Adj. Sess.). Subsec. (b): Substituted "Agency of Education" for "department of education" twice and made minor stylistic changes.

Amendments--2005 Designated the existing provisions of the section as subsec. (a) and added subsec. (b).

Amendments--1997 (Adj. Sess.). In the last sentence, deleted "for other purposes" near the middle and added "for other purposes" at the end.

Prior law. 24 V.S.A. § 2803.

§ 2805. Municipal buildings; condemnation; procedure.

When the location of a municipal building is determined and lands and grounds are needed or when a municipality votes to purchase additional lands or when, in the exercise of any of the powers or functions authorized by its charter or bylaws, it becomes necessary for public use and benefit to take, damage, or affect lands, and the owner refuses to release or convey the same to such municipality for a reasonable price, the mayor and aldermen of such city, the selectboard of such town, or the trustees of such village or the prudential committee of such fire district shall set out the necessary lands and cause the same to be surveyed.
They shall appoint a time and place for hearing and give at least ten days' notice thereof before such hearing to the persons interested, either personally or by written notice left at the residence of the owner or occupant of such lands.
At such hearing they shall determine the damages sustained by such interested persons. The damages agreed upon or assessed shall be paid or tendered to such persons before taking possession of the lands.
Nothing in this section shall be construed to authorize the taking, by condemnation proceedings, of property of any religious, charitable, or educational society, institution, or organization, unless held, owned, or used by it for commercial purposes, without the written consent of the trustees or governing body of such society, institution, or organization, unless two-thirds of the voters at an annual or special meeting duly warned for that purpose vote contrariwise.

History

Source. 1953, No. 96 . V.S. 1947, § 3804. P.L. § 3709. 1933, No. 157 , § 3482. 1929, No. 59 , § 1. G.L. § 4160. 1917, No. 254 , § 4090. 1912, No. 125 , § 1. 1910, No. 115 , § 12.

Prior law. 24 V.S.A. § 2804.

2016. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72 and added the subsec. (a)-(d) designations.

Cross References

Cross references. Fire district's power of eminent domain, see 20 V.S.A. § 2606.

ANNOTATIONS

Cited. Rossetti v. Chittenden County Transportation Authority, 165 Vt. 61, 674 A.2d 1284 (1996).

§ 2806. Condemned land; notice to mortgagee; application of payment.

When such lands are encumbered by mortgage, such municipality shall cause the same notice to be given to the mortgagee or assignee thereof as is required to be given to the owner, and the damages agreed upon or otherwise determined, as finally ascertained, shall be paid to the mortgagee or assignee. However, if the sum due on the mortgage is less than the damages awarded, the amount due on the mortgage shall be paid to the holder and the balance to the owner.

Amended 2017, No. 74 , § 103.

History

Source. V.S. 1947, § 3805. 1947, No. 202 , § 3828. P.L. § 3710. 1933, No. 157 , § 3483. G.L. § 4166. 1912, No. 125 , § 7.

Amendments--2017. Section heading: Inserted "Condemned land;" preceding "notice".

Prior law. 24 V.S.A. § 2805.

§ 2807. Procedure for taking land.

When the mayor and aldermen, selectboard, or trustees decide to take lands, in their order for that purpose, they shall fix a time and notify the owner or occupant thereof. Within such time he or she shall remove his or her buildings, fences, timber, wood, or trees, which, in the case of enclosed or improved lands, shall not, without the consent of the owner, be less than three months nor until compensation for damages to such lands is tendered or paid. If such obstructions are not removed within such time, the mayor and aldermen, selectboard, or trustees shall remove them at the expense of the town or village.

Amended 2017, No. 74 , § 104.

History

Source. V.S. 1947, § 3806. P.L. § 3711. 1933, No. 157 , § 3484. G.L. § 4161. 1912, No. 125 , § 2.

2016. Substituted "selectboard" for "selectmen" in two places in accordance with 2013, No. 161 , (Adj. Sess.), § 72 in two places.

Revision note - References to "mayor and aldermen" were added pursuant to § 2001 of this title.

Amendments--2017. Section heading: Added "for taking land".

Prior law. 24 V.S.A. § 2806.

§ 2808. Condemnation; record of orders and proceedings.

Orders and proceedings of the mayor and aldermen, selectboard, and trustees, under the provisions of sections 2805-2807 of this title, with the survey of the lands taken, shall be recorded in the office of the clerk of the city, town, or village in which the land lies.

Amended 2017, No. 74 , § 105.

History

Source. V.S. 1947, § 3807. P.L. § 3712. G.L. § 4162. 1912, No. 125 , § 3.

2016. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

Revision note - References to sections "2804-2806" of this title were changed to "2805-2807" to conform references to renumbering of such sections.

References to "mayor and aldermen" were added pursuant to § 2001 of this title.

Amendments--2017. Section heading: Inserted "Condemnation;" preceding "record".

Prior law. 24 V.S.A. § 2807.

§ 2809. Disagreement as to damages; reference.

When the owner of such land does not accept the damages awarded by the mayor and aldermen, selectboard, or trustees, as the case may be, they may agree with him or her to refer the question of such damages to one or more disinterested persons, whose award shall be made in writing and shall be final.

History

Source. V.S. 1947, § 3808. P.L. § 3713. 1933, No. 157 , § 3486. G.L. § 4163. 1912, No. 125 , § 4.

2016. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

Revision note - References to "mayor and aldermen" were added pursuant to § 2001 of this title.

Prior law. 24 V.S.A. § 2808.

§ 2810. Petition; appointment of commissioners.

When a person having an interest in such land is dissatisfied with the action of the mayor and aldermen, selectboard, or trustees in locating and setting it out or with the damages awarded therefor by them, he or she may apply by petition to the Superior Court for the county wherein such land lies within 60 days of the recording of the order of the mayor and aldermen, selectboard, or trustees, and any number of persons aggrieved may join in the petition.
The petition with a citation shall be served on the clerk of the city, town, or village as a writ of summons requiring entry to be made therein within 21 days from the date of service.
The court shall appoint three disinterested commissioners, who shall inquire into the necessity for locating and setting out such land and as to the amount of damages sustained by the persons interested therein.
Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.

History

Source. V.S. 1947, § 3809. 1947, No. 202 , § 3832. 1945, No. 29 , § 38. P.L. § 3714. G.L. § 4164. 1912, No. 125 , § 5. 1910, No. 115 , § 12.

2016. Substituted "selectboard" for "selectmen" in two places in accordance with 2013, No. 161 , (Adj. Sess.), § 72 and added the subsec. (a)-(c) designations.

Revision note - References to "mayor and aldermen" and to "city" were added pursuant to § 2001 of this title.

Amendments--1973 (Adj. Sess.). Substituted "superior court" for "county court".

Prior law. 24 V.S.A. § 2809.

ANNOTATIONS

1. Appeals.

Proceeding by landowner in county court, under this section, to review action of selectboard or trustees in taking land by right of eminent domain for school purposes in session proceeding and, when brought to Supreme Court on exceptions, is to be determined as though heard on petition for certiorari. Piche v. City of Winooski, 102 Vt. 381, 148 A. 411 (1929).

§ 2811. Commissioners' notice, hearing, and report; Superior Court order.

The commissioners shall give to such clerk and to the petitioners six days' notice of the time and place of hearing. When they have completed their inquiries, they shall report to the court.
Upon hearing, the court may accept or reject the report, in whole or in part, may make such orders as are necessary for locating and setting out such land and for the removal of obstructions thereon, may render judgment for the petitioners for such damages as they have severally sustained, may tax costs for either party, and may award execution in the premises.
Amended 2017, No. 74 , § 106.

History

Source. V.S. 1947, § 3810. P.L. § 3715. G.L. § 4165. 1912, No. 125 , § 6. 1910, No. 115 , § 13.

2016. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

Added the subsec. (a) and (b) designations.

Amendments--2017. Section heading: Amended generally.

Prior law. 24 V.S.A. § 2810.

§ 2812. Title to vest on payment of damages.

When the damages finally awarded are paid to the person entitled thereto, title to such lands or the right to damage or affect lands shall vest in such city, town, or village for such purposes.

History

Source. V.S. 1947, § 3811. P.L. § 3716. 1933, No. 157 , § 3489. G.L. § 4167. 1917, No. 254 , § 4097. 1912, No. 125 , § 8. 1910, No. 115 , § 13.

Revision note. Reference to "city" was added pursuant to § 2001 of this title.

Prior law. 24 V.S.A. § 2811.

ANNOTATIONS

1. Passing of title.

Though Vermont has no general condemnation law, it appears to be settled policy of State, at least when fee is to be taken, that title shall pass only upon payment. United States v. Bouchard, 64 F.2d 482 (2d Cir. 1933).

§ 2813. Armories; appropriation.

A municipality may appropriate sums of money towards the purchase or construction of an armory for use of the National Guard.

History

Source. V.S. 1947, § 3795. P.L. § 3699. 1933, No. 157 , § 3472. G.L. § 4155. 1910, No. 112 .

Prior law. 24 V.S.A. § 2812.

Cross References

Cross references. Armories and Board of Armory Commissioners, see 20 V.S.A. ch. 27.

CHAPTER 79. PLANNING

Sec.

§§ 2901-2930. Repealed. 1967, No. 334 (Adj. Sess.), § 2, eff. March 23, 1968.

History

Former §§ 2901-2930. Former §§ 2901-2930, relating to planning, were derived from 1957, No. 286 , §§ 1-4; 1953, No. 74 , §§ 1-14; V.S. 1947, §§ 3812-3815; P.L. §§ 3717-3720; 1933, No. 157 , §§ 3490, 3492, 3493; 1921, No. 107 , §§ 1-3 and amended by 1965, No. 163 , §§ 1-8, 11; 1967, No. 114 . The subject matter is now covered by ch. 117 of this title.

§ 2931. Validation of certain commissions.

A regional planning commission in full compliance with sections 2919-2922 of this title on May 31, 1965 shall be a qualified regional planning commission under this chapter in all respects, except that it shall be limited to the financial aid which was in effect for it on May 31, 1965.

Added 1967, No. 188 .

History

Reference in text. Sections "2919-2922 of this title", referred to in this section, were repealed by 1967, No. 334 (Adj. Sess.), § 2.

§ 2932. Development Board; grants.

The Development Board may with the approval of the Governor award a grant to an incorporated economic development district organized either on an intrastate or interstate basis for the purpose of matching federal funds made available by the Economic Development Administration of the U.S. Department of Commerce. No grant by the Development Board to a single district shall exceed $15,000.00.

Added 1967, No. 160 .

History

Codification. 1967, No. 160 , § 1, provided: "Section 12 is added to No. 163 of the Acts of 1965 to read". As 1965, No. 163 was codified as this chapter, this act has been included here also.

Editor's note. The Development Board no longer exists. 10 V.S.A. § 1, which created the Development Board, was repealed by 1991, No. 145 (Adj. Sess.), § 6.

CHAPTER 81. ZONING

Sec.

§§ 3001-3027. Repealed. 1967, No. 334 (Adj. Sess.), § 2, eff. March 23, 1968.

History

Former §§ 3001-3027. Former §§ 3001-3027, relating to zoning, were derived from 1955, No. 193 ; 1953, No. 131 ; 1951, No. 76 , §§ 1-3; V.S. 1947, §§ 3847-3872; 1947, No. 202 , §§ 3890-3892; P.L. §§ 3723-3747; 1939, No. 66 , § 1; No. 67, §§ 1-3; 1933, No. 157 , §§ 3435a, 3494, 3495, 3499, 3514-3515; 1931, No. 55 , §§ 1-19, 21-23 and amended by 1963, No. 87 ; No. 166, §§ 1-8; 1967, No. 301 , §§ 1, 2. This subject matter is now covered by ch. 117 of this title.

§ 3028. Penalty.

The legislative body of a municipality may provide by ordinance for the enforcement of this chapter and of any ordinance or regulation made hereunder, and may fix penalties of not more than $50.00 for each violation. Each day in which a violation exists shall constitute a separate offense.
No action may be brought under this section unless the alleged offender has had at least seven days' notice that a violation exists. The notice shall be given by the administrative officer by hand or by certified mail with return receipt requested. The start of the seven days' notice shall be determined by the date said return receipt was signed by or on behalf of the person deemed to be in violation.
This section shall not be construed to limit or restrict the proper municipal authorities from acting under section 3024 of this title.
Added 1967, No. 283 (Adj. Sess.), § 1, eff. March 14, 1968.

History

Reference in text. Section 3024 of this title, referred to in subsec. (c), was repealed by 1967, No. 334 (Adj. Sess.), § 2.

CHAPTER 83. BUILDING INSPECTORS AND REGULATION OF BUILDING

Sec.

§ 3101. Bylaws and ordinances; penalties.

The mayor and board of aldermen of a city, the selectboard of a town, or the trustees of an incorporated village, may, in accordance with this chapter, establish codes and regulations for the construction, maintenance, repair, and alteration of buildings and other structures within the municipality. Such codes and regulations may include provisions relating to building materials, structural design, passageways, stairways and exits, heating systems, fire protection procedures, and such other matters as may be reasonably necessary for the health, safety, and welfare of the public, but excluding electrical installations subject to regulation under 26 V.S.A. chapter 15.
Any code or regulation under subsection (a) of this section shall be adopted, amended, or repealed and enforced pursuant to the provisions of chapter 59 of this title.
When any municipality adopts or amends a building code, it shall impose requirements consistent with the current rules and standards adopted by the Commissioner of Public Safety under 20 V.S.A. chapter 173, subchapter 2.
Upon the adoption or amendment of any code or regulation, at least one copy shall be filed in the office of the building inspector, and the office of the municipal clerk.
The General Assembly may incorporate amendments to the code into the ordinance of all municipalities which have adopted the code, or designate allowable exceptions to the code.
On or before January 1, 1984, each municipality which has in effect a building code which is not consistent with the rules and standards adopted by the Commissioner of Labor, shall substitute for such code a code which is consistent.
Amended 1967, No. 295 (Adj. Sess.), § 1, eff. March 20, 1968; 1969, No. 284 (Adj. Sess.), § 2, eff. date, see note set out below; 1973, No. 196 (Adj. Sess.),§§ 1, 2, eff. April 2, 1974; 1981, No. 121 (Adj. Sess.), § 6, eff. March 3, 1982; 2003, No. 141 (Adj. Sess.), § 10, eff. April 1, 2005; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.

History

Source. V.S. 1947, § 3873. P.L. § 3748. 1933, No. 157 , § 3520. G.L. §§ 4168, 4169. P.S. §§ 3626, 3627. 1904, No. 77 , §§ 1, 2.

Revision note. Reference to "chapter 14" of Title 26 at the end of subsec. (a) changed to "chapter 15" to conform to renumbering of such chapter.

Reference to "chapter 50A" of this title in subsec. (b) changed to "chapter 59" to conform to renumbering of such chapter.

Amendments--2005 (Adj. Sess.). Subsec. (f): Act 103 substituted "commissioner of labor" for "commissioner of labor and industry".

Amendments--2003 Subsec. (c): Substituted "public safety under 20 V.S.A. chapter 173, subchapter 2" for "labor and industry under 21 V.S.A. chapter 3".

Amendments--1981 (Adj. Sess.). Subsec. (c): Expanded to include reference to amendment of a building code and deleted reference to adoption of the National Building Code.

Subsec. (e): Rephrased generally.

Subsec. (f): Rephrased generally.

Amendments--1973 (Adj. Sess.). Subsec. (c): Amended generally.

Subsecs. (e) and (f): Added.

Amendments--1969 (Adj. Sess.). Section amended generally.

Amendments--1967 (Adj. Sess.). Section amended generally.

2003, No. 141 (Adj. Sess.), § 15 provides that that act, which amends subsec. (c), shall take effect April 1, 2005.

Effective date of amendments--1969 (Adj. Sess.) amendment. 1969, No. 284 (Adj. Sess.), § 4, provided that section 2 of the act, which amended this section, would take effect when the electricians' licensing board adopted regulations under 26 V.S.A. § 891.

ANNOTATIONS

Analysis

1. Quorum.
2. Judicial review.

1. Quorum.

Where power of city council to regulate buildings is impliedly to be exercised by majority of quorum, ordinance requiring two-thirds vote for issuance of building permit where building inspector has reported adversely, while on favorable report majority vote is made to suffice, is void as to that requirement. State v. Gitchell, 90 Vt. 57, 96 A. 383 (1915).

2. Judicial review.

Municipal building code that made no provision for judicial review was not for that reason void, especially where right to a judicial review was not foreclosed by any provision of the ordinances in question. Eno v. City of Burlington, 125 Vt. 8, 209 A.2d 499 (1965).

§ 3102. Building inspectors.

Upon the adoption of any codes, rules, or regulations as provided in section 3101 of this title, the mayor and board of aldermen of a city, the selectboard of a town, or the trustees of an incorporated village shall appoint and may remove a building inspector, and may appoint and may remove a deputy building inspector, prescribe their duties, and fix their compensation.
The building inspector and any deputy building inspector shall be a disinterested and competent person with experience in the construction of various types of buildings.
Amended 1967, No. 295 (Adj. Sess.), § 2, eff. March 20, 1968; 2017, No. 74 , § 107.

History

Source. V.S. 1947, § 3874. P.L. § 3749. 1933, No. 157 , § 3521. G.L. §§ 4170, 4172. P.S. §§ 3628, 3630. R. 1906, § 3506. 1904, No. 77 , §§ 3, 13.

2016. Substituted "selectboard" for "selectmen" in the first sentence in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

Amendments--2017. Added the subsec. (a) and (b) designations and in subsec. (b), substituted "and any" for "and/or" following "inspector"

Amendments--1967 (Adj. Sess.). Section amended generally.

ANNOTATIONS

1. Qualifications.

It is assumed, the contrary not appearing, that the building inspector is a competent person with practical experience in the construction of brick and wooden buildings as required by this section. Eno v. City of Burlington, 125 Vt. 8, 209 A.2d 499 (1965).

§ 3103. Appointment; duties; powers.

Any such ordinance may be amended or supplemented following the procedure for adoption in section 3101 of this title. At least three copies of any ordinance, as amended or supplemented, shall be filed, as provided in section 3101 of this title, in the office of the building inspector and three copies filed in the office of the municipal clerk for use by the public.

Amended 1967, No. 295 (Adj. Sess.), § 3, eff. March 20, 1968.

History

Source. V.S. 1947, § 3875. P.L. § 3750. 1933, No. 157 , § 3522. 1925, No. 63 , § 1.

Revision note. Added "of this title" following "section 3101" at the end of the first sentence and in the second sentence to conform reference to V.S.A. style.

Amendments--1967 (Adj. Sess.). Section amended generally.

§ 3104. Examination by public.

At least 30 days before the adoption of any such ordinance or any amendment or supplement thereto, at least three copies of the code or regulation referred to in section 3101 of this title shall be filed in the office of the building inspector and three copies in the office of the municipal clerk for use by the public.

Added 1967, No. 295 (Adj. Sess.), § 4, eff. March 20, 1968.

History

Revision note. Added "of this title" following "section 3101" to conform reference to V.S.A. style.

Prior law. 24 V.S.A. § 3103a.

§ 3105. Public hearing; notice.

No such ordinance or amendments or supplements may become effective or be altered until after a public hearing at which interested parties and citizens may be heard.
Notice of the time and place of the hearing shall be published in a newspaper of general circulation in the municipality at least 15 days before the holding of the hearing.
Added 1967, No. 295 (Adj. Sess.), § 5, eff. March 20, 1968.

History

Revision note. Added subsection designations to conform section to V.S.A. style.

Prior law. 24 V.S.A. § 3103b.

§ 3106. Report; prosecutions; injunctions.

A building inspector shall:

make a detailed report of his or her doings to the board of aldermen, selectboard, or trustees, as the case may be, at least once in six months, showing the number of certificates of permit granted, the number refused, and such other information as may be of importance relating to the discharge of his or her duties; and
inquire into and report to the municipal attorney or other designee of the legislative body of the municipality for prosecution, all violations of this chapter, and may apply, as building inspector, to a Superior judge for an injunction or other legal or equitable remedy in aid of his or her powers as he or she may be advised.
Amended 2017, No. 93 (Adj. Sess.), § 23.

History

Source. V.S. 1947, § 3876. P.L. § 3751. 1933, No. 157 , § 3523. G.L. § 4171. P.S. § 3629. R. 1906, § 3505. 1904, No. 77 , § 11.

2016. Substituted "selectboard" for "selectmen" in the first sentence.in accordance with 2013, No. 161 , (Adj. Sess.), § 72.

Amendments--2017 (Adj. Sess.). Added subdiv. designations and amended section generally.

Prior law. 24 V.S.A. § 3104.

§ 3107. Certificate of permit; filing.

Before the construction or alteration of a building, the owner, builder, or architect shall submit to the building inspector a comprehensive statement in writing of the material to be used and the mode of construction of the proposed building or alteration, with plans and specifications, if there are any. Work thereon shall not be begun until the owner has received from the inspector a certificate of permission specifying the material of which the outer walls and other covering of the roof of such building are to be composed, the street upon which, and the distance therefrom at which such building is to be placed. A copy of such certificate shall be filed in the office of the inspector under the date of its issue.
Such certificate shall not be granted until the inspector is satisfied that such structure when completed will be properly built, and insofar as practicable of a fireproof construction; provided, however, that in those municipalities that have adopted the provisions of chapter 81 of this title, relating to municipal zoning, the building inspector, before issuing said building certificate, shall be satisfied that by the issuance of such certificate the zoning ordinance of said municipality will not be violated.

History

Source. 1949, No. 84 . V.S. 1947, § 3877. 1947, No. 202 , § 3899. P.L. § 3752. 1933, No. 157 , § 3524. G.L. § 4174. 1917, No. 254 , § 4104. P.S. § 3632. 1904, No. 77 , § 4.

2016. Added the subsec. (a) and (b) designations.

Revision note - Reference to "chapter 67" of this title was changed to "chapter 81" to conform reference to renumbering of such chapter.

Prior law. 24 V.S.A. § 3105.

ANNOTATIONS

Analysis

1. Inspector's duty.
2. Vested rights in permits.

1. Inspector's duty.

City building inspector's duty to determine whether issuance of building permit would violate zoning ordinance was a duty to examine the type of plan, not a duty to enforce zoning ordinance and determine whether lot size was proper. Wright v. Preseault, 131 Vt. 403, 306 A.2d 673 (1973).

2. Vested rights in permits.

Where, lacking a court ruling that he had acquired a vested right in his building permits, plaintiff builder could have been properly denied reissuance of permits by building inspector, and city council's denial of the permits and refusal to recognize any vested right might influence inspector in his future decisions concerning plaintiff, it was appropriate for lower court to consider the issue of vested rights, for it was necessary to do so in order to terminate the uncertainty and controversy. Preseault v. Wheel, 132 Vt. 247, 315 A.2d 244 (1974).

§ 3108. Inspector's duties.

The inspector shall daily examine the condition of buildings undergoing alteration or erection and serve notice in writing upon the builders, owners, or architects of such structures as he or she deems to be unsafe or insecure by reason of the mode and manner of construction or materials used in the construction thereof. He or she shall order such changes in the mode or manner of construction and the materials used as he or she deems necessary for the public safety and may order work to cease.

History

Source. V.S. 1947, § 3878. P.L. § 3753. 1933, No. 157 , § 3525. G.L. § 4175. 1917, No. 254 , § 4105. P.S. § 3633. 1904, No. 77 , § 5.

Prior law. 24 V.S.A. § 3106.

§ 3109. Appeals from orders.

When a person is aggrieved by an order of a building inspector, that person or the person's architect or builder may appeal to a board of arbitrators appointed as provided in section 3110 of this title, or to the Criminal Division of the Superior Court, at his or her election. The board of arbitrators or the court shall have the power to annul, amend, modify, or affirm the order of the building inspector. The appeal shall be taken within five days after the receipt of the inspector's notice and order by the aggrieved party or his or her architect or builder. In case of an election to appeal to a board of arbitrators, it shall be deemed perfected by a written notice of appeal left with the building inspector personally, or at his or her office. In case of an election to appeal to the Criminal Division of the Superior Court, the appeal shall be deemed perfected by the filing with the court of a complaint. The taking of the appeal shall operate as a stay.

Amended 1965, No. 194 , § 10, operative Feb. 1, 1967; 1971, No. 185 (Adj. Sess.), § 200, eff. March 29, 1972; 2009, No. 154 (Adj. Sess.), § 238; 2015, No. 97 (Adj. Sess.), § 57.

History

Source. V.S. 1947, § 3879. 1947, No. 202 , § 3901. P.L. § 3754. 1933, No. 157 , § 3526. G.L. §§ 4177, 4180. 1917, No. 254 , §§ 4107, 4110. P.S. §§ 3635, 3638. R. 1906, § 3514. 1904, No. 77 , §§ 7, 10.

Revision note. Reference to section "3108" of this title was changed to section "3110" to conform reference to renumbering of such section.

Amendments--2015 (Adj. Sess.). Inserted "or" preceding "the person's architect" in the first sentence and following "aggrieved party" in the third sentence.

Amendments--2009 (Adj. Sess.) Substituted "criminal division of the superior court" for "district court" in two places.

Amendments--1971 (Adj. Sess.). Section amended generally.

Amendments--1965. Substituted "district court" for "municipal court".

Prior law. 24 V.S.A. § 3107.

§ 3110. Arbitrators; decision.

The board of arbitrators shall be composed of two disinterested persons, residents of the municipality, one of whom shall be appointed by the appellant and one by the building inspector. If such arbitrators cannot agree, a third member shall be chosen by them. On failure to agree as to such third member, he or she shall be appointed by a Superior judge. A decision of a majority of the board of arbitrators thus composed, when reduced to writing, sworn to, and filed in the inspector's office, shall be final and conclusive upon the parties. Upon the filing of such decision, work may be immediately resumed in accordance therewith. The expense of such arbitration shall be paid by the appellant.

Amended 1965, No. 194 , § 10, operative Feb. 1, 1967.

History

Source. V.S. 1947, § 3880. P.L. § 3755. 1933, No. 157 , § 3527. G.L. § 4178. 1917, No. 254 , § 4108. P.S. § 3636. 1904, No. 77 , § 8.

2016. In the third sentence, deleted "District or" preceding "Superior judge" in accordance with 2009, No. 154 (Adj. Sess.), § 236.

Amendments--1965. Substituted "district court" for "municipal court".

Prior law. 24 V.S.A. § 3108.

§ 3111. Appeal; hearing; orders.

When an appeal is taken under the provisions of section 3109 of this title, the judge shall forthwith inquire into the facts himself or herself or by a committee appointed by him or her, and make such order as he or she deems proper in the premises. In his or her discretion, he or she may tax costs in favor of the prevailing party and issue execution therefor. Upon the entry of judgment, work may be immediately resumed in accordance therewith.

History

Source. V.S. 1947, § 3881. P.L. § 3756. 1933, No. 157 , § 3528. G.L. § 4179. 1917, No. 254 , § 4109. P.S. § 3637. 1904, No. 77 , § 9.

Revision note. Reference to section "3107" of this title was changed to section "3109" to conform reference to renumbering of such section.

Prior law. 24 V.S.A. § 3109.

§ 3112. Penalty.

A person who violates a provision of this chapter or willfully disobeys a written order of a building inspector shall be fined not more than $200.00, provided such order has not been set aside or modified by a court or by a board of arbitrators, or by an order or decree of either such court or board of arbitrators made on appeal thereto.

History

Source. V.S. 1947, § 3882. P.L. § 3757. G.L. § 4181. P.S. § 3639. 1904, No. 77 , § 12.

Prior law. 24 V.S.A. § 3110.

§ 3113. Unsafe building; notice.

A building inspector being informed that a structure or anything appurtenant thereto is unsafe shall inspect the same. If it appears to be unsafe, he or she shall forthwith notify, in writing, the owner, agent, or person having an interest therein to remove it or make it safe and secure. If it appears that such structure would be especially unsafe in case of fire, it shall be deemed dangerous and the inspector may affix in a conspicuous place upon its exterior walls a notice of its dangerous condition, which shall not be removed or defaced without authority from him or her.

History

Source. V.S. 1947, § 3883. 1947, No. 202 , § 3905. P.L. § 3758. 1933, No. 157 , § 3530. G.L. § 4182. 1917, No. 254 , § 4112. P.S. § 3640. 1904, No. 77 , § 15.

Prior law. 24 V.S.A. § 3111.

ANNOTATIONS

Analysis

1. Generally.
2. Presumptions.
3. Review.

1. Generally.

Where ordinances required that building inspector use the standards and requirements set forth in the fire underwriters building code in determining whether a building is unsafe and a fire hazard, the inspector may not act arbitrarily. Eno v. City of Burlington, 125 Vt. 8, 209 A.2d 499 (1965).

2. Presumptions.

Determination by board of aldermen that a building was unsafe and a fire hazard was judicial in nature and is presumed correct in the absence of evidence to the contrary. Eno v. City of Burlington, 125 Vt. 8, 209 A.2d 499 (1965).

3. Review.

Where decision of building inspector that a building was unsafe and a fire hazard was reviewed by a survey board and thereafter by board of aldermen before a final order was issued to remove or secure the building, the property owner was adequately protected against arbitrary action by the inspector. Eno v. City of Burlington, 125 Vt. 8, 209 A.2d 499 (1965).

§ 3114. Repair of unsafe structure.

Before 12:00 p.m. of the day following the service of such notice, a person notified as provided in section 3113 of this title shall commence to secure or remove such structure, and shall employ sufficient workers speedily to secure or remove it. If the public safety so requires, and if the mayor and aldermen, selectboard, or trustees, as the case may be, so order, the inspector shall immediately enter upon the premises with the necessary workers and cause such structure to be shored up, taken down, or otherwise secured without delay. Such inspector shall cause a proper fence or boarding put up for the protection of passers-by at the expense of the owner in the manner provided in section 3116 of this title, and such expense may be recovered in a civil action on this statute.

History

Source. V.S. 1947, § 3884. P.L. § 3759. 1933, No. 157 , § 3531. G.L. § 4183. 1917, No. 254 , § 4113. P.S. § 3641. 1904, No. 77 , § 16.

2016. Substituted "selectboard" for "selectmen" in the second sentence in accordance with 2013, No. 161 , (Adj. Sess.), § 72 and substituted "workers" for "workmen" in the first and second sentences.

Revision note - References to sections "3111" and "3114" of this title were changed to sections "3113" and "3116" to conform to renumbering of such sections.

Substituted "a civil action" for "an action of tort" to conform to Rule 2, Vermont Rules of Civil Procedure, pursuant to 1971, No. 185 (Adj. Sess.), § 236(d). See note under 4 V.S.A. § 219.

Prior law. 24 V.S.A. § 3112.

§ 3115. Refusal to obey order; survey; report.

When an owner, agent, or person interested in such unsafe structure refuses or neglects to comply with the requirements of such order within the time limited, a careful survey of the premises shall be made by a board consisting, in a city, of the city engineer, the chief engineer of the fire department, and one disinterested person to be appointed by the inspector, and, in a town or incorporated village, by a board consisting of a surveyor, the chief engineer of the fire department, and one disinterested person to be appointed by the inspector. When there is not a city engineer or chief engineer of the fire department, the mayor and board of aldermen, or the proper officers in such town or village, as the case may be, shall designate one or more officers or other suitable persons in place of the officers so named, as members of the board. A report of such survey shall be made in writing and a copy thereof served on such owner, agent, or other person interested.

History

Source. V.S. 1947, § 3885. 1947, No. 202 , § 3907. P.L. § 3760. G.L. § 4184. P.S. § 3642. 1904, No. 77 , § 17.

Prior law. 24 V.S.A. § 3113.

§ 3116. Building taken down; penalty.

When such report declares such structure to be unsafe, and when the owner, agent, or person interested continues such refusal or neglect, the inspector shall cause it to be taken down or otherwise made safe. The costs and charges incurred shall constitute a lien upon the land upon which such building is situated, and shall be enforced within the time and in the manner provided for the collection of taxes on land. For every day's continuance of such refusal or neglect, the owner or person interested shall forfeit to the city, town, or incorporated village in which such structure is situated not more than $50.00 nor less than $10.00, to be recovered in a civil action on this statute.

History

Source. V.S. 1947, § 3886. P.L. § 3761. G.L. § 4185. P.S. § 3643. R. 1906, § 3519. 1904, No. 77 , § 18.

Prior law. 24 V.S.A. § 3114.

Cross References

Cross references. Collection of property taxes, see 32 V.S.A. ch. 133.

§ 3117. Appeal from order.

An owner or person interested who is aggrieved by such order may appeal as provided in the case of a person aggrieved by an order of a building inspector. However, the provisions of this section shall not prevent the municipality from recovering the forfeiture provided in section 3116 of this title from the date of the service of the original notice, unless the order is annulled by the board of arbitration or a Superior Court judge, as the case may be.

Amended 1965, No. 194 , § 10, operative Feb. 1, 1967; 2009, No. 154 (Adj. Sess.), § 183.

History

Source. V.S. 1947, § 3887. P.L. § 3762. 1933, No. 157 , § 3534. G.L. § 4186. 1917, No. 254 , § 4116. P.S. § 3644. 1904, No. 77 , § 19.

2016 Added "Court" following "Superior" in the last sentence.

Amendments--2009 (Adj. Sess.) Substituted "the municipality" for "such municipality" and "the order" for "such order" and deleted "district court" following "arbitration" in the second sentence.

Amendments--1965. Substituted "district court" for "municipal court".

Prior law. 24 V.S.A. § 3115.

Cross References

Cross references. Appeal from order of building inspector, see § 3109 of this chapter.

§ 3118. Notice to nonresident owner.

When the owner, agent, or person interested lives out of the State, notice may be served upon him or her by a proper officer, whose return of service shall be sufficient evidence thereof.

History

Source. V.S. 1947, § 3888. P.L. § 3763. 1933, No. 157 , § 3536. G.L. § 4187. P.S. § 3645. 1904, No. 77 , § 20.

Prior law. 24 V.S.A. § 3116.

§ 3119. Powers of judge.

The presiding judge of the Superior Court may restrain the construction, alteration, maintenance, or use of a building or structure in violation of the provisions of an ordinance or bylaws of a municipality, and order its removal or abatement as a nuisance. Such judge may restrain the further construction, alteration, or repair of a building or structure reported to be unsafe under a survey authorized by section 3115 of this title, until the matter is determined as provided in section 3117 of this title.

Amended 1971, No. 185 (Adj. Sess.), § 236; 1973, No. 193 (Adj. Sess.), § 3.

History

Source. V.S. 1947, § 3889. P.L. § 3764. G.L. § 4188. P.S. § 3646. R. 1906, § 3522. 1904, No. 77 , § 21.

Revision note. References to sections "3113" and "3115" of this title changed to sections "3115" and "3117" to conform to renumbering of such sections.

Substituted "the presiding judge of the superior court" for "a chancellor" in the first sentence and "judge" for "chancellor" in the second sentence pursuant to 1971, No. 185 (Adj. Sess.), § 239(d) and 1973, No. 193 (Adj. Sess.), § 3. See notes under 4 V.S.A. §§ 71 and 219.

Prior law. 24 V.S.A. 3117.

§ 3120. Severability.

If any provision of this act or its application to any person or circumstances is invalid, the remainder of the act or the application of the provision to other persons or circumstances shall not be affected.

Added 1967, No. 295 (Adj. Sess.), § 6, eff. March 20, 1968.

History

Reference in text. The "act" referred to in this section is 1967, No. 295 (Adj. Sess.), which added this section and sections 3104 and 3105 of this chapter and amended sections 3101-3103 of this chapter and 26 V.S.A. §§ 2174 and 2197.

Prior law. 24 V.S.A. § 3118.

CHAPTER 85. URBAN RENEWAL

Sec.

History

Severability of enactment. 1957, No. 164 , § 19, contained a separability provision applicable to this chapter.

Inconsistent provisions. 1957, No. 264 , § 19, provided: "In so far as the provisions of this act are inconsistent with the provisions of No. 231 of the Acts of 1937, as amended, or of any other law, the provisions of this act shall be controlling. The power conferred by this act shall be in addition and supplemental to the powers conferred by any other law." 1937, No. 231 , was a special act not included in Vermont Statutes Annotated.

Cross References

Cross references. Community development block grants, see 10 V.S.A. ch. 29.

ANNOTATIONS

Cited. Downtown Rutland Special Tax Challengers v. City of Rutland, 159 Vt. 218, 617 A.2d 129 (1992).

§ 3201. Definitions.

The following terms wherever used or referred to in this chapter shall have the following meanings, unless a different meaning is clearly indicated by the context:

"Agency" or "urban renewal agency" shall mean a public agency created by section 3220 of this title.
"Area of operation" shall mean the area within the corporate limits of the municipality and the area within five miles of such limits, except that it shall not include any area which lies within the territorial boundaries of another incorporated city or town unless a resolution shall have been adopted by the governing body of such other city or town declaring a need therefor.
"Blighted area" shall mean an area which, by reason of the presence of a substantial number of slum, deteriorated, or deteriorating structures; predominance of defective or inadequate street layout; faulty lot layout in relation to size, adequacy, accessibility, or usefulness; insanitary or unsafe conditions; deterioration of site or other improvements; diversity of ownership; tax or special assessment delinquency exceeding the fair value of the land; defective or unusual conditions of title; or the existence of conditions which endanger life or property by fire and other causes; or any combination of such factors, substantially impairs or arrests the sound growth of a municipality, retards the provision of housing accommodations, or constitutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in its present condition and use. If such blighted area consists of open land the conditions contained in the proviso in subsection 3207(d) of this title shall apply. Any disaster area referred to in subsection 3207(g) of this title shall constitute a "blighted area." No area shall be determined to be a blighted area solely or primarily because its condition and value for tax purposes are less than the condition and value projected as the result of the implementation of any State, municipal, or private redevelopment plan.
"Board" or "commission" shall mean a board, commission, department, division, office, body, or other unit of the municipality.
"Bonds" shall mean any bonds, including refunding bonds, notes, interim certificates, certificates of indebtedness, debentures, or other obligations.
"Clerk" shall mean the clerk or other official of the municipality who is the custodian of the official records of such municipality.
"Federal government" shall include the United States of America or any agency or instrumentality, corporate or otherwise, of the United States of America.
(7a) "Housing authority" means a housing authority established under chapter 113 of this title.
"Local governing body" shall mean the council or other legislative body charged with governing the municipality.
"Mayor" shall mean the mayor of a municipality or other officer or body having the duties customarily imposed upon the executive head of a municipality.
"Municipality" shall mean any city, village, or town in the State.
"Obligee" shall include any bondholder, agents, or trustees for any bondholders, or lessor demising to the municipality property used in connection with an urban renewal project, or any assignee or assignees of such lessor's interest or any part thereof, and the federal government when it is a party to any contract with the municipality.
"Person" shall mean any individual, firm, partnership, corporation, company, association, joint stock association, or body politic; and shall include any trustee, receiver, assignee, or other person acting in a similar representative capacity.
"Public body" shall mean the State or any municipality, township, village, board, commission, authority, district, or any other subdivision or public body of the State.
"Public officer" shall mean any officer who is in charge of any department or branch of the government of the municipality relating to health, fire, building regulations, or to other activities concerning dwellings in the municipality.
"Real property" shall include all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto, or used in connection therewith, and every estate, interest, right, and use, legal or equitable therein, including terms for years and liens by way of judgment, mortgage, or otherwise.
(15a) "Related activities" means:
1. planning work for the preparation of a general neighborhood renewal plan, or for the preparation or completion of a community-wide plan or program under section 3208 of this title; and
2. the functions related to the acquisition and disposal of real property under subdivision 3209(4) of this title.
"Slum area" shall mean an area in which there is a predominance of buildings or improvements, whether residential or nonresidential, which by reason of dilapidation, deterioration, age, or obsolescence; inadequate provision for ventilation, light, air, sanitation, or open spaces; high density of population and overcrowding; or the existence of conditions which endanger life or property by fire and other causes; or any combination of such factors is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime, and is detrimental to the public health, safety, morals, or welfare.
"Urban renewal area" means a slum area or a blighted area or a combination thereof which the local governing body designates as appropriate for an urban renewal project.
"Urban renewal plan" means a plan, as it exists from time to time, for an urban renewal project, which plan:
1. shall conform to the general plan for the municipality as a whole except as provided in subsection 3207(g) of this title and shall be consistent with definite local objectives respecting appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements;
2. shall be sufficiently complete to indicate such land acquisition, demolition and removal of structures and redevelopment, and such rehabilitation as may be proposed to be carried out in the urban renewal area, to indicate proposed zoning and planning changes, if any, land uses, maximum densities, and building requirements, and to indicate in general terms the types of public improvements and proposal for redevelopment to be permitted or required; and
3. may include such additional materials as may from time to time be required by federal laws, regulations, and administrative requirements.
"Urban renewal project" may include undertakings and activities of a municipality in an urban renewal area for the elimination and for the prevention of the development or spread of slums and blight, and may involve slum clearance and redevelopment in an urban renewal area, or rehabilitation or conservation in an urban renewal area, or any combination or part thereof in accordance with an urban renewal plan. Such undertakings and activities may include:
1. acquisition of a slum area or a blighted area or portion thereof;
2. demolition and removal of buildings and improvements;
3. installation, construction, or reconstruction of streets, utilities, parks, playgrounds, and other improvements necessary for carrying out in the urban renewal area the urban renewal objectives of this chapter in accordance with the urban renewal plan;
4. disposition of any property acquired in the urban renewal area, including sale, initial leasing, or retention by the municipality itself, at its fair value for uses in accordance with urban renewal plan;
5. acquisition of real property in the urban renewal area which, under the urban renewal plan, is to be repaired or rehabilitated for dwelling use or related facilities, repair or rehabilitation of the structures for guidance purposes, and resale of the property;
6. acquisition, without regard to any requirement that the area be a slum or blighted area, of air rights in an area consisting principally of land in highways, railway or subway tracks, bridge or tunnel entrances, or other similar facilities which have a blighting influence on the surrounding area and over which air rights sites are to be developed for the elimination of those blighting influences and for the provision of housing and related facilities and uses designed specifically for, and limited to, families and individuals of low or moderate income;
7. construction of foundations and platforms necessary for the provision of air rights sites of housing and related facilities and uses designed specifically for, and limited to, families and individuals of low or moderate income;
8. related activities as defined in subdivision (15a) of this section;
9. carrying out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements in accordance with the urban renewal plan; and
10. acquisition of any other real property in the urban renewal area where necessary to eliminate unhealthful, insanitary, or unsafe conditions, lessen density, eliminate obsolete or other uses detrimental to the public welfare, or otherwise to remove or prevent the spread of blight or deterioration, or to provide land for needed public facilities.
  Amended 1963, No. 2 , § 4, eff. Feb. 14, 1963; 1966, No. 69 (Sp. Sess.), §§ 1, 2, eff. March 14, 1966; 2005, No. 111 (Adj. Sess.), § 2.

History

Source. 1957, No. 264 , § 18.

Revision note. References to sections "3217", "3207a", "3208" and chapter "87" were changed to "3220", "3208", "3209" and chapter "113" to conform to renumbering of such sections and chapter.

Amendments--2005 (Adj. Sess.). Subdiv. (3): Amended generally.

Amendments--1966. Subdivs. (7a), (15a): Added.

Subdiv. (19): Renumbered pars. (E) and (F) as pars. (I) and (J) and added new pars. (E), (F), (G), and (H).

Amendments--1963. Subdiv. (18): Made general changes in pars. (A) and (B) and added par. (C).

ANNOTATIONS

1. Real property.

Definition of real property in subdiv. (15) of this section is sufficiently broad to include pipes and fixtures lost to gas company when streets were closed under urban renewal project. Vermont Gas Systems, Inc. v. City of Burlington, 130 Vt. 75, 286 A.2d 275 (1971).

§ 3202. Repealed. 1963, No. 2, § 2, eff. Feb. 14, 1963.

History

Former § 3202. Former § 3202, related to municipalities affected by this chapter, was derived from 1957, No. 264 , § 1 and amended by 1959, No. 73 .

§ 3203. Findings and declarations of necessity.

It is hereby found and declared that there exist in municipalities of the State slum and blighted areas, as herein defined, which constitute a serious and growing menace, injurious to the public health, safety, morals, and welfare of the residents of the State; that the existence of such areas contributes substantially and increasingly to the spread of disease and crime, constitutes an economic and social liability imposing onerous municipal burdens which decrease the tax base and reduce tax revenues, substantially impairs or arrests the sound growth of municipalities, retards the provision of housing accommodations, aggravates traffic problems and substantially impairs or arrests the elimination of traffic hazards and the improvement of traffic facilities; and that the prevention and elimination of slums and blight is a matter of State policy and State concern in order that the State and its municipalities shall not continue to be endangered by areas which are focal centers of disease, promote juvenile delinquency, and consume an excessive proportion of its revenues because of the extra services required for police, fire, accident, hospitalization, and other forms of public protection, services, and facilities.
It is further found and declared that certain slum or blighted areas, or portions thereof, may require acquisition, clearance, and disposition subject to use restrictions, as provided in this chapter, since the prevailing condition of decay may make impracticable the reclamation of the area by conservation or rehabilitation; that other areas or portions thereof may, through the means provided in this chapter, be susceptible of conservation or rehabilitation in such a manner that the conditions and evils hereinbefore enumerated may be eliminated, remedied, or prevented; and that salvable slum and blighted areas can be conserved and rehabilitated through appropriate public action as herein authorized, and the cooperation and voluntary action of the owners and tenants of property in such areas.
It is further found and declared that the powers conferred by this chapter are for public uses and purposes for which public money may be expended and the power of eminent domain and police power exercised; and that the necessity in the public interest for the provisions herein enacted is hereby declared as a matter of legislative determination.

History

Source. 1957, No. 264 , § 2.

Revision note. Added subsec. designations to conform section to V.S.A. style.

Substituted "improvement" for "improvements" preceding "of traffic facilities" in subsec. (a) to correct an apparent typographical error.

ANNOTATIONS

1. Police power.

City's exercise of urban renewal power is based upon the right to exercise the police power. Vermont Gas Systems, Inc. v. City of Burlington, 130 Vt. 75, 286 A.2d 275 (1971).

§ 3204. Encouragement of private enterprise.

A municipality, to the greatest extent it determines to be feasible in carrying out the provisions of this chapter, shall afford maximum opportunity, consistent with the sound needs of the municipality as a whole, to the rehabilitation or redevelopment of the urban renewal area by private enterprise. A municipality shall give consideration to this objective in exercising its powers under this chapter, including the formulation of a workable program, the approval of urban renewal plans and community-wide plans or programs for urban renewal and general neighborhood renewal plans consistent with the general plan of the municipality, the exercise of its zoning powers, the enforcement of other laws, codes, and regulations relating to the use of land and the use and occupancy of buildings and improvements, the disposition of any property acquired, and the provision of necessary public improvements.

Amended 1966, No. 69 (Sp. Sess.), § 3, eff. March 14, 1966.

History

Source. 1957, No. 264 , § 3.

Amendments--1966. Added "and community-wide plans or programs for urban renewal and general neighborhood renewal plans" following "urban renewal plans" in the second sentence.

§ 3205. Workable program.

A municipality for the purposes of this chapter may formulate for the municipality a workable program for utilizing appropriate private and public resources to eliminate and prevent the development or spread of slums and urban blight, to encourage needed urban rehabilitation, to provide for the redevelopment of slum and blighted areas, or to undertake such of the aforesaid activities or other feasible municipal activities as may be suitably employed to achieve the objectives of such workable program. Such workable program may include provision for: the prevention of the spread of blight into areas of the municipality which are free from blight through diligent enforcement of housing, zoning, and occupancy controls and standards; the rehabilitation or conservation of slum and blighted areas or portions thereof by re-planning, removing congestion, providing parks, playgrounds, and other public improvements, by encouraging voluntary rehabilitation and by compelling the repair and rehabilitation of deteriorated or deteriorating structures; and the clearance and redevelopment of slum and blighted areas or portions thereof.

History

Source. 1957, No. 264 , § 4.

2016. In the first sentence, deleted ", without limitation," following "including" in accordance with 2014, No. 5 , § 4.

§ 3206. Finding of necessity by local governing body.

No municipality shall exercise the authority hereafter conferred upon municipalities by this chapter until after it has voted by a majority of the voters present and voting on the question at a regular or special meeting duly warned for such purpose to adopt a resolution finding that: (1) one or more slum or blighted areas exist in such municipality; and (2) the rehabilitation, conservation, redevelopment, or a combination thereof, of such area or areas is necessary in the interest of the public health, safety, morals, or welfare of the residents of such municipality.

History

Source. 1957, No. 264 , § 5.

ANNOTATIONS

1. Referendum.

Public balloting conducted by municipality at its annual general election meets requirements of this section. 1958-60 Op. Atty. Gen. 222.

§ 3207. Preparation and approval of urban renewal projects and urban renewal plans.

A municipality shall not approve an urban renewal project for an urban renewal area unless the governing body has, by resolution, determined such area to be a slum area or a blighted area or a combination thereof and designated such area as appropriate for an urban renewal project. The local governing body shall not approve an urban renewal plan until a general plan for the municipality has been prepared. A municipality shall not acquire real property for an urban renewal project unless the local governing body has approved the urban renewal project in accordance with subsection (d) of this section.
The municipality may itself prepare or cause to be prepared an urban renewal plan, or any person or agency, public or private, may submit such a plan to a municipality. Prior to its approval of an urban renewal project, the local governing body shall submit such plan to the planning commission of the municipality, if any, for review and recommendations as to its conformity with the general plan for the development of the municipality as a whole. The planning commission shall submit its written recommendations with respect to the proposed urban renewal plan to the local governing body within 30 days after receipt of the plan for review. Upon receipt of the recommendations of the planning commission or, if no recommendations are received within said 30 days, then without such recommendations, the local governing body may proceed with the hearing on the proposed urban renewal project prescribed by subsection (c) of this section.
The local governing body shall hold a public hearing on an urban renewal project, after public notice thereof by publication in a newspaper having a general circulation in the area of operation of the municipality. The notice shall describe the time, date, place, and purpose of the hearing, shall generally identify the urban renewal area covered by the plan, and shall outline the general scope of the urban renewal project under consideration.
Following such hearing, the local governing body may approve an urban renewal project if it finds that (1) a feasible method exists for the location of families who will be displaced from the urban renewal area in decent, safe, and sanitary dwelling accommodations within their means and without undue hardship to such families; (2) the urban renewal plan gives due consideration to the provision of adequate park and recreational areas and facilities that may be desirable for neighborhood improvement, with special consideration for the health, safety, and welfare of children residing in the general vicinity of the site covered by the plan; (3) the urban renewal plan conforms to the general plan of the municipality as a whole; and (4) the urban renewal plan will afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise; provided, that if the urban renewal area consists of an area of open land to be acquired by the municipality, such area shall not be so acquired unless (A) if it is to be developed for residential uses, the local governing body shall determine that a shortage of housing of sound standards and design which is decent, safe, and sanitary exists in the municipality; that the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas, including other portions of the urban renewal area; that the conditions of blight in the area and the shortage of decent, safe, and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals, or welfare; and the acquisition of the area for residential uses is an integral part of an essential to the program of the municipality; or (B) if it is to be developed for nonresidential uses, the local governing body shall determine that such nonresidential uses are necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives, with acquisition may require the exercise of governmental action, as provided in this chapter, because of defective or unusual conditions of title, diversity of ownership, tax delinquency, improper subdivisions, outmoded street patterns, deterioration of site, economic disuse, unsuitable topography or faulty lot layouts, the need for the correlation of the area with other areas of a municipality by streets and modern traffic requirements, or any combination of such favors or other conditions which retard development of the area.
An urban renewal plan may be modified at any time; provided, that if modified after the lease or sale by the municipality of real property in the urban renewal project area, such modification may be conditioned upon such approval of the owner, lessee, or successor in interest as the municipality may deem advisable and in any event shall be subject to such rights at law or in equity as a lessee or purchaser, or his successor or successors in interest, may be entitled to assert.
Upon the approval by a municipality by a vote of a majority of the voters present and voting on the question at a regular or special meeting duly warned for that purpose of an urban renewal plan or of any modification thereof, such plan or modification shall be deemed to be in full force and effect for the respective urban renewal area and the municipality may then cause such plan or modification to be carried out in accordance with its terms.
Notwithstanding any other provisions of this chapter, where the local governing body certifies that an area is in need of redevelopment or rehabilitation as a result of a flood, fire, hurricane, earthquake, storm, or other catastrophe respecting which the government of the State has certified the need for disaster assistance under Public Law 875, eighty-first Congress, or other federal law, the local governing body may approve an urban renewal plan and an urban renewal project with respect to such area without regard to the provisions of subsection (d) of this section and the provisions of this section requiring a general plan for the municipality and a public hearing on the urban renewal project.
Amended 1966, No. 69 (Sp. Sess.), § 4, eff. March 14, 1966.

History

Source. 1957, No. 264 , § 6.

Reference in text. Public Law 875, referred to in subsec. (g), was codified as 42 U.S.C. §§ 1855-1855g, which were repealed by Pub. L. 91-606, Title III, § 302(1), Dec. 31, 1970, 84 Stat. 1759. The subject matter is now covered by 42 U.S.C. § 5121 et seq.

Revision note. Substituted "of this section" for "hereof" following "subsection (d)" at the end of subsec. (a) and following "subsection (c)" at the end of subsec. (b) to conform references to V.S.A. style.

Amendments--1966. Subsec. (d): Redesignated subdivs. (2) and (3) as (3) and (4) respectively and added a new subdiv. (2).

§ 3208. Neighborhood and community-wide plans.

A municipality or a planning commission may prepare a general neighborhood renewal plan for an urban renewal area, together with any adjoining areas having specially related problems, which may be of such scope that urban renewal activities may have to be carried out in stages. The plan may include a preliminary plan which:
1. outlines the urban renewal activities, proposed for the areas involved;
2. provides a framework for the preparation of urban renewal plans; and
3. indicates generally the land uses, population density, building coverage, prospective requirements for rehabilitation, and improvement of property and portions of the area contemplated for clearance and redevelopment.
  A general neighborhood renewal plan shall, in the determination of the local governing body, conform to the general plan of the locality as a whole and the workable program of the municipality.
A municipality or planning commission may prepare or complete a community-wide plan or program for urban renewal which shall conform to the general plan for the development of the municipality as a whole and may include identification of slum or blighted areas, measurement of blight, determination of resources needed and available to renew those areas, identification of potential project areas and types of action contemplated, and scheduling of urban renewal activities.
Added 1966, No. 69 (Sp. Sess.), § 5, eff. March 14, 1966.

History

2016. In the introductory par. of subsec. (a) and in subsec. (b), deleted ", but not limited to," following "include" in accordance with 2013, No. 5 , § 4.

Prior law. 24 V.S.A. § 3207a.

§ 3209. Powers.

Every municipality shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including the following powers in addition to others herein granted:

to undertake and carry out urban renewal projects within its area of operation; and to make and execute contracts and other instruments necessary or convenient to the exercise of its powers under this chapter; and to disseminate slum clearance and urban renewal information;
to provide or to arrange or contract for the furnishing or repair by any person or agency, public or private, of services, privileges, works, streets, roads, public utilities, or other facilities for or in connection with an urban renewal project; to install, construct, and reconstruct streets, utilities, parks, playgrounds, and other public improvements; and to agree to any conditions that it may deem reasonable and appropriate attached to federal financial assistance and imposed pursuant to federal law relating to the determination of prevailing salaries or wages or compliance with labor standards, in the undertaking or carrying out of an urban renewal project, and to include in any contract let in connection with such a project, provisions to fulfill such of said conditions as it may deem reasonable and appropriate;
within its area of operation, to enter into any building or property in any urban renewal area in order to make inspections, surveys, appraisals, soundings, or test borings, and to obtain an order for this purpose from a court of competent jurisdiction in the event entry is denied or resisted; to acquire by purchase, lease, option, gift, grant, bequest, devise, eminent domain, or otherwise, any real property, or personal property for its administrative purposes, together with any improvements thereon; to hold, improve, clear, or prepare for redevelopment any such property; to mortgage, pledge, hypothecate, or otherwise encumber or dispose of any real property; to insure or provide for the insurance of any real or personal property or operations of the municipality against any risks or hazards, including the power to pay premiums on any such insurance; and to enter into any contracts necessary to effectuate the purposes of this chapter; provided, however, that no statutory provision with respect to the acquisition, clearance, or disposition of property by public bodies shall restrict a municipality or other public body exercising powers hereunder, in the exercise of such functions with respect to an urban renewal project, unless the Legislature shall specifically so state;
with the approval of the local governing body, (A) before approval of an urban renewal plan, or approval of any modifications of the plan, to acquire real property in an urban renewal area, demolish and remove any structures on the property, and pay all costs related to the acquisition, demolition, or removal, including any administrative or relocation expenses; and (B) to assume the responsibility to bear any loss that may arise as the result of the exercise of authority under this subsection if the real property is not made part of the urban renewal project;
to invest any urban renewal project funds held in reserve or sinking funds or any such funds not required for immediate disbursement, in property or securities in which savings banks may legally invest funds subject to their control; to redeem such bonds as have been issued pursuant to section 3214 of this title at the redemption price established therein or to purchase such bonds at less than redemption price, all such bonds so redeemed or purchased to be cancelled;
to borrow money and to apply for and accept advances, loans, grants, contributions, and any other form of financial assistance from the federal government, the State, county, or other public body, or from any sources, public or private, for the purposes of this chapter, and to give such security as may be required and to enter into and carry out contracts in connection therewith. A municipality may include in any contract for financial assistance with the federal government for an urban renewal project such conditions imposed pursuant to federal laws as the municipality may deem reasonable and appropriate and which are not inconsistent with the purposes of this chapter;
within its area of operation, to make or have made all surveys and plans necessary to the carrying out of the purposes of this chapter and to contract with any person, public or private, in making and carrying out such plans and to adopt or approve, modify, and amend such plans. Such plans may include: (A) a general plan for the locality as a whole, (B) urban renewal plans, (C) preliminary plans outlining urban renewal activities for neighborhoods to embrace two or more urban renewal areas, (D) plans for carrying out a program of voluntary or compulsory repair and rehabilitation of buildings and improvements, (E) plans for the enforcement of State and local laws, codes, and regulations relating to the use of land and the use and occupancy of buildings and improvements and to the compulsory repair, rehabilitation, demolition, or removal of buildings and improvements, (F) appraisals, title searches, surveys, studies, and other plans and work necessary to prepare for the undertaking of urban renewal projects and to develop, test, and report methods and techniques, and carry out demonstrations and other activities, for the prevention and the elimination of slums and urban blight and developing and demonstrating new or improved means of providing housing for families and persons of low income and to apply for, accept, and utilize grants of funds from the federal government for such purposes;
to prepare plans for and assist in the relocation of persons, including individuals, families, business concerns, nonprofit organizations, and others, displaced from an urban renewal area, and to make relocation payments to or with respect to such persons for moving expenses and losses of property, including the making of such payments financed by the federal government;
to appropriate such funds and make such expenditures as may be necessary to carry out the purposes of this chapter, and to levy taxes and assessments for such purposes; to zone or rezone any part of the municipality or make exceptions from building regulations; and to enter into agreements with a housing authority or an urban renewal agency vested with urban renewal project powers under section 3219 of this title, which agreements may extend over any period, notwithstanding any provision or rule of law to the contrary, respecting action to be taken by such municipality pursuant to any of the powers granted by this chapter;
to close, vacate, plan, or replan streets, roads, sidewalks, ways, or other places; and to plan or replan any part of the municipality;
within its area of operation, to organize, coordinate, and direct the administration of the provisions of this chapter as they apply to such municipality in order that the objective of remedying slum and blighted areas and preventing the causes thereof within such municipality may be most effectively promoted and achieved, and to establish such new office or offices of the municipality or to reorganize existing offices in order to carry out such purpose most effectively; and
to exercise all or any part or combination of powers herein granted.
Amended 1966, No. 69 (Sp. Sess.), § 6, eff. March 14, 1966.

History

Source. 1957, No. 264 , § 7.

2016. In the introductory language of subdiv. (7), deleted ", without limitation," following "may include" in accordance with 2013, No. 5 , § 4.

Revision note - References to sections "3211" and "3216" of this title changed to "3214" and "3219" to conform to renumbering of such sections.

Amendments--1966. Redesignated subdivs. (4)-(11) as (5)-(12) respectively, and added a new subdiv. (4).

Subdiv. (7)(F): Added "and developing and demonstrating new or improved means of providing housing for families and persons of low income".

Subdiv. (8): Deleted "for which reimbursement or compensation is not otherwise made" following "losses of property" and rephrased language generally adding references to "and assist" and "individuals" and "nonprofit organizations".

Prior law. 24 V.S.A. § 3208.

ANNOTATIONS

1. Utility rights of way.

Gratuitous right of way given gas company to use streets as part of its distribution network was subject to city's right under subdiv. (10) of this section to discontinue or relocate such streets, and closing of such streets did not give rise to compensation rights for loss of right of way. Vermont Gas Systems, Inc. v. City of Burlington, 130 Vt. 75, 286 A.2d 275 (1971).

§ 3210. Eminent domain; authority; survey.

A municipality shall have the right to acquire by condemnation a fee simple title or any other interest in real property which it may determine necessary for or in connection with an urban renewal project under this chapter. The powers conferred upon municipalities under this section shall be considered "urban renewal project powers" as defined in subsection 3219(b) of this title and the term "municipality,", as used in this section, shall mean the agency, board, commissioner or officers having such powers under subsection 3219(a) of this title. The municipality shall set out the necessary lands and cause them to be surveyed. An urban renewal plan approved under subsection 3207(d) of this title may be considered to constitute such a survey.
Unless two-thirds of the voters present and voting thereon at an annual or special meeting duly warned for that purpose vote otherwise, nothing in this section shall be construed to authorize the taking, by condemnation proceedings, of property of any religious, charitable, or educational society, institution, or organization, unless held or used by it for commercial purposes, without the written consent of the trustees or the governing body of such society, institution, or organization. Property already devoted to a public use may be acquired hereunder but no real property belonging to the State or any political subdivision thereof shall be acquired without its consent.
Amended 1963, No. 2 , § 3, eff. Feb. 14, 1963; 1964, No. 9 (Sp. Sess.), § 1, eff. March 5, 1964.

History

Source. 1957, No. 264 , § 8.

Revision note. Added subsec. designations to conform section to V.S.A. style.

Inserted "for" preceding "or in connection" in the first sentence of subsec. (a) to correct a grammatical error.

Reference to section "3216" of this title was changed to "3219" to conform to renumbering of such section.

Amendments--1964. Section amended generally.

Amendments--1963. Section amended generally.

Prior law. 24 V.S.A. § 3209.

ANNOTATIONS

1. Public utilities.

Gratuitous right of way given gas company to use streets as part of its distribution network was subject to city's right under 24 V.S.A. § 3209(10) to discontinue or relocate such streets, and closing of such streets did not give rise to compensation rights for loss of right of way. Vermont Gas Systems, Inc. v. City of Burlington, 130 Vt. 75, 286 A.2d 275 (1971).

This section authorized city to discontinue sections of certain streets and raze a number of residential buildings, resulting in gas company's having to discontinue and abandon certain of its service lines, cap and purge them, and lay new line, and company was entitled to compensation for, but only for, lines discontinued and abandoned. Vermont Gas Systems, Inc. v. City of Burlington, 130 Vt. 75, 286 A.2d 275 (1971).

§ 3211. Determination of necessity.

After completion of such survey, the municipality shall petition a Superior Court judge, setting forth therein that it proposes to take certain land or rights therein and describing such lands or rights, and the survey shall be annexed to the petition and made a part thereof. The petition shall set forth the purposes for which the land or rights are desired, and shall contain a request that the judge fix a time and place when the judge, or some other Superior Court judge, will hear all parties concerned and determine whether such taking is necessary.
The Superior Court judge to whom the petition is presented shall fix the time for hearing, which shall not be more than 60 nor less than 40 days from the date the judge signs such order. Likewise, the judge shall fix the place for hearing, which shall be the county courthouse or any other place within the county in which the land in question is located. If the Superior Court judge to whom the petition is presented cannot hear the petition at the time set therefor, the judge shall call upon the administrative judge to assign another Superior Court judge to hear the cause at the time and place assigned in the order.
Notice of hearing on the petition, which shall include the name of the city, town, or village in which the lands to be taken or affected are located, the names of the persons having an interest in the lands, a brief statement identifying the urban renewal projects contemplated including its location, and the date, time, and place of hearing shall be published in a newspaper having general circulation in the city, town, or village in which the lands lie, once a week for three consecutive weeks on the same day of the week, the last publication to be not less than five days before the hearing date, and a complete copy of the original petition, together with a copy of the court's order fixing the time and place of hearing, and a copy of the survey shall be placed on file in the clerk's office of the city, town, or village in which the land included in the survey lies. A copy of the petition, together with the court's order fixing the time and place of hearing, shall be served upon each person owning or having an interest in land to be purchased or condemned like a summons by an officer authorized to make service of process under Vermont statutes and residing in the county in which the petition is to be served, or, on absent defendants in such manner as the Supreme Court may by rule provide for service of process in civil actions. If the service on any defendant is impossible, upon affidavit of the sheriff, deputy sheriff, or constable attempting service, stating that the location of the defendant within or without the State is unknown and that he or she has no known agent or attorney in the State of Vermont upon which service may be made, and upon affidavit of an officer of the municipality that diligent inquiry has been made to find the location of the defendant, the publication herein provided shall be considered sufficient service on the defendant. Petitions shall be returnable to the court on the tenth day next preceding the date set for hearing thereon. Compliance with the provisions hereof shall constitute sufficient service upon and notice to any persons owning or having any interest in the land proposed to be taken or affected.
At the time and place appointed for the hearing, the court consisting of the Superior Court judge signing the order or such other Superior Court judge as may be assigned and the two assistant judges of the county in which the hearing is held shall hear all persons interested and wishing to be heard. If any person owning or having an interest in the land to be taken or affected appears and objects to the necessity of taking the land included within the survey or any part thereof, then the court shall require the municipality to proceed with the introduction of evidence of the necessity of such taking. The court may cite in additional parties in its discretion, shall make findings of fact, and shall file the same. The court shall, by its order, determine whether the taking of such land and rights is necessary and may modify the proposed taking in such respects as the court may consider proper.
An appeal may be taken to the Supreme Court by any party aggrieved in such manner as the Supreme Court may by rule provide for appeals from Superior Courts. If an appeal is taken, all proceedings shall be stayed until final disposition of the appeal. If no appeal is taken within the time provided for or, if appeal is taken, upon final disposition thereof, a copy of the order of the court shall be placed on file in the office of the clerk of the city, town, or village where the urban renewal project is located and within a period of two years from the final order the municipality may institute proceedings for the condemnation of the land included in the survey as finally approved by the court without further hearing or consideration of the question of the necessity of such taking.
In considering the issue of necessity, the Superior Court and assistant judges shall, to the extent constitutionally permitted, give effect to the legislative determinations made in this chapter and to the determinations made by the voters and appropriate municipal authorities under this chapter. The court shall not give weight to a projected increase in economic value of the subject property solely or primarily because its condition and value for tax purposes are less than the condition and value projected as the result of the implementation of any State, municipal, or private redevelopment plan.
Added 1964, No. 9 (Sp. Sess.), § 2, eff. March 5, 1964; amended 1971, No. 185 (Adj. Sess.), § 201, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2005, No. 111 (Adj. Sess.), § 3.

History

2016 Added "Court" following "Superior" throughout the section.

Revision note - Substituted "administrative judge" for "chief superior judge" in subsec. (b) in light of changes made by 1979, No. 181 (Adj. Sess.).

Amendments--2005 (Adj. Sess.). Subsec. (f): Added the second sentence.

Amendments--1973 (Adj. Sess.). Subsec. (e): Substituted "superior court" for "county court".

Amendments--1971 (Adj. Sess.). Subsec. (c): Amended generally.

Subsec. (e): Amended generally.

Prior law. 24 V.S.A. § 3209a.

§ 3212. Determination of compensation; payment; proceeds from bonding.

Following the final determination of the necessity of the taking, the municipality may proceed to acquire such lands. Whenever a municipality and an owner of land or rights agree as to the amount of compensation to be paid therefor, the municipality may take possession of the land or rights and proceed with the work for which it is taken upon making the agreed payment therefor. When an owner and the municipality are unable to agree on the amount of compensation to be paid therefor, and if the municipality desires to proceed with the taking thereof, it shall appoint a time and place for hearing and give at least ten days' notice thereof before such hearing to the persons interested, either personally or by written notice left at the residence of the owner or occupants of such lands. At such hearing it shall hear any person having an interest in such land and desiring to be heard. Within 20 days thereafter, it shall by order assess the damages sustained by such interested persons. The municipality shall file a copy of such order for record in the office of the clerk of the city, town, or village in which the land lies, and shall deliver to each interested person a copy of that portion of the order directly affecting such person and shall pay or tender 95 percent of the award to each person entitled thereto which may be accepted, retained, and disposed of to his or her own use without prejudice to such person's right of appeal as hereafter provided. Within ten days after the expiration of the period for taking an appeal from the amount of the award, the municipality shall pay or tender the remaining five percent to each person entitled thereto who has not appealed from said award. Upon the payment or tender of 95 percent of the award as above provided, the municipality may take possession of such land and proceed with the work for which it is taken. When an appeal has been taken by any person having an interest in any property, the remaining five percent awarded on account of the taking of such property shall be retained by the municipality pending final disposition of the appeal.
When a person having an interest in the land is dissatisfied with the damages awarded therefor, the person may appeal to the Superior Court of the county wherein the land lies within 90 days of the recording of the order of the municipality. Any number of persons aggrieved may join in the appeal. Each of the appellants shall be entitled to a trial by jury.
When the award made by the municipality is upheld, the court shall tax costs against the appellant, and, after deduction of taxed costs, the municipality shall forthwith pay appellant the balance, if any, of the five percent of award withheld, and, if such five percent of award withheld is insufficient to pay such costs, appellant shall pay the municipality such amounts at such time as the court may direct. When the appellant is allowed a sum greater than was awarded by the municipality, the court shall tax costs against the municipality, the municipality shall forthwith pay appellant the five percent of award withheld, and the municipality shall pay appellant such further amounts at such time as the court may direct.
The full faith and credit of the municipality shall be pledged to the payment of all amounts awarded by such municipality or by order of the court and, if the funds of the municipality shall be insufficient to pay the amounts, the full faith, credit, and taxing power of the city, town, or village in which the applicable lands lie shall be pledged to such payment to the extent of the insufficiency. The local governing body of any city, town, or village may raise money by taxation to pay such amounts as the municipality lacks funds to pay, irrespective of any tax rate limits imposed by any general or special law. No obligation of a city, town, or village under this section shall be considered to be indebtedness for the purpose of any debt limit imposed by any general or special law.
Title to the lands taken, or rights acquired, under this section shall vest in the municipality upon the filing for record of the municipality's order under subsection (a) of this section, unless previously acquired by deed or other appropriate instrument.
The legality of any proceedings hereunder shall not be affected as to any person by a deficiency in the notice to any other person.
If the necessity of the taking of any land for an urban renewal project is not sustained by the court, or if the taking of any such land is held to be invalid, the validity of bonds issued under subsection 3217(d) of this title shall not be affected; and the proceeds thereof may be expended for any lawful expenses of the project, and any excess proceeds may be expended for the lawful expenses of any other urban renewal project or for the payment of the principal of and interest on any outstanding general obligation of the city, town, or village issued for any purpose.
1964, No. 9 (Sp. Sess.), § 3, eff. March 5, 1964; amended 1965, No. 8 ; 1971, No. 185 (Adj. Sess.), § 202, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1997, No. 161 (Adj. Sess.), § 19, eff. Jan. 1, 1998.

History

Revision note. Reference to section "3214" of this title changed to "3217" to conform to renumbering of such section.

Amendments--1997 (Adj. Sess.). Subsec. (b): Substituted "the person" for "he" in the first sentence and deleted the former third and fifth sentences which read "The summons and complaint shall be served on the clerk of the municipality" and "An appeal may be taken to the supreme court".

Amendments--1973 (Adj. Sess.). Substituted "superior court" for "county court".

Amendments--1971 (Adj. Sess.). Section amended generally.

Amendments--1965. Subsec. (b): Extended time for appeal from thirty to ninety days.

Retroactive effective date--1997 (Adj. Sess.) amendment. 1997, No. 161 (Adj. Sess.), § 26, provided in part that the amendment to subsec. (b) shall be retroactive to January 1, 1998.

Prior law. 24 V.S.A. § 3209b.

§ 3213. Disposal of property in urban renewal area.

1. A municipality may sell, lease, or otherwise transfer real property or any interest therein acquired by it, and may enter into contracts with respect thereto, in an urban renewal area for residential, recreational, commercial, industrial, or other uses or for public use, or may retain such property or interest for public use, in accordance with the urban renewal plan, subject to such covenants, conditions, and restrictions, including covenants running with the land, as it may deem to be necessary or desirable to assist in preventing the development or spread of future slums or blighted areas or to otherwise carry out the purposes of this chapter; provided, that such sale, lease, other transfer, or retention, and any agreement relating thereto, may be made only after the approval of the urban renewal plan by vote of the municipality as provided in subsection 3207(f) of this title. (a) (1) A municipality may sell, lease, or otherwise transfer real property or any interest therein acquired by it, and may enter into contracts with respect thereto, in an urban renewal area for residential, recreational, commercial, industrial, or other uses or for public use, or may retain such property or interest for public use, in accordance with the urban renewal plan, subject to such covenants, conditions, and restrictions, including covenants running with the land, as it may deem to be necessary or desirable to assist in preventing the development or spread of future slums or blighted areas or to otherwise carry out the purposes of this chapter; provided, that such sale, lease, other transfer, or retention, and any agreement relating thereto, may be made only after the approval of the urban renewal plan by vote of the municipality as provided in subsection 3207(f) of this title.
2. The purchasers or lessees and their successors and assigns shall be obligated to devote such real property only to the uses specified in the urban renewal plan, and may be obligated to comply with such other requirements as the municipality may determine to be in the public interest, including the obligation to begin within a reasonable time any improvements on such real property required by the urban renewal plan.
3. Such real property or interest shall be sold, leased, otherwise transferred, or retained at not less than its fair value for uses in accordance with the urban renewal plan. In determining the fair value of real property for uses in accordance with the urban renewal plan, a municipality shall take into account and give consideration to the uses provided in such plan; the restrictions upon, and the covenants, conditions, and obligations assumed by the purchaser or lessee or by the municipality retaining the property; and the objectives of such plan for the prevention of the recurrence of slum or blighted areas.
4. The municipality in any instrument of conveyance to a private purchaser or lessee may provide that such purchaser or lessee shall be without power to sell, lease, or otherwise transfer the real property without the prior written consent of the municipality until he or she has completed the construction of any or all improvements which he or she has obligated himself or herself to construct thereon.
5. Real property acquired by a municipality which, in accordance with the provisions of the urban renewal plan, is to be transferred, shall be transferred as rapidly as feasible in the public interest consistent with the carrying out of the provisions of the urban renewal plan.
6. Any contract for such transfer and the urban renewal plan, or such part or parts of such contract or plan as the municipality may determine, may be recorded in the land records of the municipality in such manner as to afford actual or constructive notice thereof.
A municipality may dispose of real property in an urban renewal area to private persons only under such reasonable competitive bidding procedures as it shall prescribe or as hereinafter provided in this subsection. A municipality may, by public notice by publication in a newspaper having a general circulation in the community, 30 days prior to the execution of any contract to sell, lease, or otherwise transfer real property and prior to the delivery of any instrument of conveyance with respect thereto under the provisions of this section, invite proposals from and make available all pertinent information to private redevelopers or any persons interested in undertaking to redevelop or rehabilitate an urban renewal area, or any part thereof. Such notice shall identify the area, or portion thereof, and shall state that proposals shall be made by those interested within 30 days after the date of publication of said notice, and that such further information as is available may be obtained at such office as shall be designated in said notice. The municipality shall consider all such redevelopment or rehabilitation proposals and the financial and legal ability of the persons making such proposals to carry them out, and may negotiate with any persons for proposals for the purchase, lease, or other transfer of any real property acquired by the municipality in the urban renewal area. The municipality may accept such proposal as it deems to be in the public interest and in furtherance of the purposes of this chapter; provided, that notification of intention to accept such proposal shall be filed with the governing body not less than 30 days prior to any such acceptance. Thereafter, the municipality may execute such contract in accordance with the provisions of subsection (a) of this section and deliver deeds, leases, and other instruments and take all steps necessary to effectuate such contract.
A municipality may temporarily operate and maintain real property acquired in an urban renewal area pending the disposition of the property as authorized in this chapter, without regard to the provisions of subsection (a) of this section, for such uses and purposes as may be deemed desirable even though not in conformity with the urban renewal plan.
Any real property acquired under subdivision 3209(4) of this title may be disposed of without regard to other provisions of this section if the local governing body consents to the disposal.
Notwithstanding any other provisions of this chapter, where the municipality is situated in an area designated as a redevelopment area or economic development center under the federal Area Redevelopment Act or other federal law enacted to assist in the economic development of areas suffering substantial and persistent unemployment or underemployment, land in an urban renewal project area designated under the urban renewal plan for industrial or commercial use may be disposed of to any public body or nonprofit corporation for later disposition as promptly as practicable by the public body or corporation, for redevelopment in accordance with the urban renewal plan, and only the purchaser from or lessee of the public body or corporation and their assignees shall be required to assume the obligation of beginning the building of improvements within a reasonable time. Any disposition of land to a public body or corporation under this subsection shall be made at its fair value for uses in accordance with the urban renewal plan.
Notwithstanding anything to the contrary contained in this chapter, a municipality may sell, lease, or otherwise transfer real property or any interest therein acquired by it for urban renewal purposes:
1. To any person designated by the municipality and approved by the local governing body as a qualified eligible sponsor, if:
  1. The municipality publishes, in at least one newspaper of general circulation in the municipality at least ten days before the sale, lease, or other disposition, a notice which includes a statement of the identity of the proposed sponsor and his or her proposed use or re-use of the urban renewal area or of the applicable portion thereof. That notice shall be in such form and manner as may be prescribed by the municipality.
  2. The proposed sponsor agrees to pay not less than the minimum price or rental fixed by the municipality for the real property.
  3. The proposed sponsor matches any bid higher than that minimum price or rental.
  4. And the sale, lease, or other disposition requires effectuation of the purpose thereof within a definite and reasonable time.
  5. If that sponsor does not agree to pay the minimum price or rental fixed by the municipality or fails to match any higher bid than that minimum price or rental, municipality may, in its sole discretion and only if consistent with the urban renewal plan, sell or lease any such real property or any interest therein to any other person bidding under provisions of subsection (b) of this section.
2. To any person designated by the municipality and approved by the local governing body as a qualified sponsor, without bids or other requirements of subsection (b) of this section, if:
  1. the price or rental to be paid by the sponsor for the property and all other essential terms and conditions of the sale, lease, or other disposition are included in the notice published by the municipality under paragraph (A) of subdivision (1) of this section;
  2. the sale, lease, or other disposition is approved by the local governing body after a public hearing held not less than ten days after publication of the notice.
Sponsors under subsection (f) of this section shall be designated by following the procedure set forth in subsection (b) of this section, except that the public notice therein required need not be made 30 days before the execution of any contract to sell, lease, or otherwise transfer real property, as set forth in subsection (b) of this section.
For the effectuation of any of the purposes of an urban renewal project and in accordance with the urban renewal plan, a municipality may grant, sell, convey, or lease, without public hearing or public letting and without following the requirements of subsection (b) of this section, to a public utility subject to the jurisdiction of the Department of Public Service, for such length of time as it may deem advisable, franchises, easements, or rights-of-way, in, over, below, along, or across any lands acquired by the municipality under this chapter, upon such terms and conditions, for such consideration, and subject to such restrictions as in the judgment of its local governing body seem proper if the local governing body first determines that the use and enjoyment for those purposes of those lands is not inconsistent with the purposes and provisions of the urban renewal plan.
Amended 1966, No. 69 (Sp. Sess.),§§ 7, 8, eff. March 14, 1966.

History

Source. 1957, No. 264 , § 9.

Reference in text. The federal Area Redevelopment Act, referred to in subsec. (e), was codified as 42 U.S.C. § 2501 et seq. 42 U.S.C. §§ 2513 and 2514 were repealed by Pub. L. 89-15, § 9(b), April 26, 1965, 79 Stat. 79. The remaining provisions of the Act have been omitted from the U.S.C. For present provision relating to designation of redevelopment areas, see 42 U.S.C. § 3161.

2016. In subsec. (a), added the subdiv. (1)-(6) designations.

2005. Added "of this section" following "subsection (b)" in the last sentence of subsec. (g) to conform reference to V.S.A. style.

Revision note - Added "of this section" following "subsection (a)" in the last sentence of subsec. (b) to conform reference to V.S.A. style.

Substituted "of this section" for "above" following "subsection (a)" in subsec. (c) to conform reference to V.S.A. style.

Reference to section "3208" of this title in subsec. (d) was changed to "3209" to conform to renumbering of such section.

Substituted "subsection (f) of this section" for "the preceding subsection (f)" in subsec. (g) to conform reference to V.S.A. style.

Amendments--1966. Subsec. (a): Substituted "vote of the municipality as provided in section 3207(f) of this title" for "the local governing body".

Subsecs. (d)-(h): Added.

Prior law. 24 V.S.A. § 3210.

§ 3214. Issuance of bonds.

A municipality shall have power to issue bonds from time to time in its discretion to finance the undertaking of any urban renewal project under this chapter, including, without limiting the generality thereof, the payment of principal and interest upon any advances for surveys and plans, or preliminary loans and shall also have power to issue refunding bonds for the payment or retirement of such bonds previously issued by it. Such bonds shall be made payable, as to both principal and interest, solely from the income proceeds, revenues, and funds of the municipality derived from or held in connection with its undertaking and carrying out of urban renewal projects under this chapter; provided, however, that payment of such bonds, both as to principal and interest, may be further secured by a pledge of any loan, grant, or contribution from the federal government or other source, in aid of any urban renewal projects of the municipality under this chapter, and by a mortgage of any such urban renewal projects, or any part thereof, title to which is in the municipality.
Bonds issued under this section shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction, and shall not be subject to the provisions of any other law or charter relating to the authorization, issuance, or sale of bonds. Bonds issued under the provisions of this chapter are declared to be issued for an essential public and governmental purpose and, together with interest thereon and income therefrom, shall be exempted from all taxes.
Bonds issued under this section shall be authorized by resolution or ordinance of the local governing body and may be payable upon demand or mature at such time or times, bear interest at such rate or rates, be in such denomination or denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption, such other characteristics, as may be provided by such resolution or trust indenture or mortgage issued pursuant thereto.
Such bonds may be sold at not less than par at public sales held after notice published prior to such sale in a newspaper having a general circulation in the area of operation and in such other medium of publication as the municipality may determine or may be exchanged for other bonds on the basis of par; provided, that such bonds may be sold to the federal government at private sale at not less than par, and, in the event less than all of the authorized principal amount of such bonds is sold to the federal government, the balance may be sold at private sale at not less than par at an interest cost to the municipality of not to exceed the interest cost to the municipality of the portion of the bonds sold to the federal government.
In case any of the public officials of the municipality whose signatures appear on any bonds or coupons issued under this chapter shall cease to be such officials before the delivery of such bonds, such signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if such officials had remained in office until such delivery. Any provisions of any law to the contrary notwithstanding, any bonds issued pursuant to this chapter shall be fully negotiable.
In any suit, action, or proceeding involving the validity or enforceability of any bond issued under this chapter or the security therefore, any such bond reciting in substance that it has been issued by the municipality in connection with an urban renewal project, as herein defined, shall be conclusively deemed to have been issued for such purpose and such project shall be conclusively deemed to have been planned, located, and carried out in accordance with the provisions of this chapter.
Amended 1966, No. 69 (Sp. Sess.), § 9, eff. March 14, 1966; 1969, No. 285 (Adj. Sess.), § 10, eff. April 9, 1970.

History

Source. 1957, No. 264 , § 10.

Amendments--1969 (Adj. Sess.). Subsec. (c): Amended generally.

Amendments--1966. Subsec. (a): Added "or preliminary loans" in first sentence.

Prior law. 24 V.S.A. § 3211.

§ 3215. Bonds as legal investments.

All banks, trust companies, bankers, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking or investment business; all insurance companies, insurance associations, and other persons carrying on an insurance business; and all executors, administrators, curators, trustees, and other fiduciaries, may legally invest any sinking funds, monies, or other funds belonging to them or within their control in any bonds or other obligations issued by a municipality pursuant to this chapter or by any urban renewal agency or housing authority vested with urban renewal project powers under section 3219 of this chapter; provided, that such bonds and other obligations shall be secured by an agreement between the issuer and the federal government in which the issuer agrees to borrow from the federal government and the federal government agrees to lend to the issuer, prior to the maturity of such bonds or other obligations, monies in an amount which, together with any other monies irrevocably committed to the payment of interest on such bonds or other obligations, will suffice to pay the principal of such bonds or other obligations with interest to maturity thereon, which monies under the terms of said agreement are required to be used for the purpose of paying the principal of and the interest on such bonds or other obligations at their maturity. Such bonds and other obligations shall be authorized security for all public deposits. It is the purpose of this section to authorize any persons, political subdivisions, and officers, public or private, to use any funds owned or controlled by them for the purchase of any such bonds or other obligations. Nothing contained in this section with regard to legal investments shall be construed as relieving any person of any duty of exercising reasonable care in selecting securities.

History

Source. 1957, No. 264 , § 11.

Revision note. Reference to section "3216" of this title was changed to "3219" to conform to renumbering of such section.

Prior law. 24 V.S.A. § 3212.

§ 3216. Property exempt from taxes and from levy and sale by virtue of an execution.

All property of a municipality, including funds, owned or held by it for the purposes of this chapter shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same nor shall judgment against a municipality be a charge or lien upon such property; provided, however, that the provisions of this section shall not apply to or limit the right of obligees to pursue any remedies for the enforcement of any pledge or lien given pursuant to this act by a municipality on its rents, fees, grants, or revenues from urban renewal projects.
The property of a municipality, acquired or held for the purposes of this chapter, is declared to be public property used for essential public and governmental purposes and such property shall be exempt from all taxes of the municipality, the county, the State, or any political subdivision thereof; provided, that such tax exemption shall terminate when the municipality sells, leases, or otherwise disposes of such property in an urban renewal area to a purchaser or lessee which is not a public body entitled to tax exemption with respect to such property.

History

Source. 1957, No. 264 , § 12.

Revision note. Substituted "this chapter" for "this act" in subsec. (a) to conform reference to V.S.A. style.

Prior law. 24 V.S.A. § 3213.

§ 3217. Cooperation by public bodies.

1. For the purpose of aiding in the planning, undertaking, or carrying out of an urban renewal project located within the area in which it is authorized to act, any public body may, upon such terms, with or without consideration, as it may determine: (a) (1) For the purpose of aiding in the planning, undertaking, or carrying out of an urban renewal project located within the area in which it is authorized to act, any public body may, upon such terms, with or without consideration, as it may determine:
  1. dedicate, sell, convey, or lease any of its interest in any property or grant easements, licenses, or other rights or privileges therein to a municipality;
  2. incur the entire expense of any public improvements made by such public body in exercising the powers granted in this section;
  3. do any and all things necessary to aid or cooperate in the planning or carrying out of an urban renewal plan;
  4. lend, grant, or contribute funds to a municipality;
  5. enter into agreements that may extend over any period, notwithstanding any provisions or rule of law to the contrary, with a municipality or other public body respecting action to be taken pursuant to any of the powers granted by this chapter, including the furnishing of funds or other assistance in connection with an urban renewal project; and
  6. cause public buildings and public facilities, including parks, playgrounds, recreational, community, educational, water, sewer or drainage facilities, or any other works that it is otherwise empowered to undertake to be furnished; furnish, dedicate, close, vacate, pave, install, grade, regrade, plan or replan streets, roads, sidewalks, ways, or other places; plan, replan, zone, or rezone any part of the public body or make exceptions from building regulations; and cause administrative and other services to be furnished to the municipality.
2. If at any time title to or possession of any urban renewal project is held by any public body or governmental agency, other than the municipality, that is authorized by law to engage in the undertaking, carrying out, or administration of urban renewal projects, including any agency or instrumentality of the United States of America, the provisions of the agreements referred to in this section shall inure to the benefit of and may be enforced by such public body or governmental agency.
3. As used in this subsection, the term "municipality" shall also include an urban renewal agency or a housing authority vested with all of the urban renewal project powers pursuant to the provisions of section 3219 of this title.
Any sale, conveyance, lease, or agreement provided for in this section may be made by a public body without appraisal, public notice, advertisement, or public bidding.
For the purpose of aiding in the planning, undertaking, or carrying out of an urban renewal project of an urban renewal agency or a housing authority hereunder, a municipality may, in addition to its other powers and upon such terms, with or without consideration, as it may determine, do and perform any or all of the actions or things which, by the provisions of subsection (a) of this section, a public body is authorized to do or perform, including the furnishing of financial and other assistance.
1. For the purposes of this section, or for the purpose of aiding in the planning, undertaking, or carrying out of an urban renewal project of a municipality, that municipality may, in addition to any authority to issue bonds pursuant to section 3214 of this title, issue and sell its general obligation bonds. (d) (1) For the purposes of this section, or for the purpose of aiding in the planning, undertaking, or carrying out of an urban renewal project of a municipality, that municipality may, in addition to any authority to issue bonds pursuant to section 3214 of this title, issue and sell its general obligation bonds.
2. Any bonds issued by a municipality pursuant to this section shall be issued in the manner and within the limitations prescribed by the laws of this state for the issuance and authorization of bonds by that municipality for public purposes generally. However, bonds so issued:
  1. shall not be considered as indebtedness of the municipality limited by the provisions of section 1762 of this title or any other general or special law; and
  2. may be authorized by a majority of all the voters present and voting on the question at a meeting of such municipality held for the purpose pursuant to subchapter 1 of chapter 53 of this title or pursuant to the provisions of any special law that governs the authorization of indebtedness by the municipality.
3. 1. So long as any such bonds of the municipality are outstanding the local governing body may deduct, in any one or more years from any net increase in the aggregate taxable valuation of land and improvements in all areas covered by urban renewal plans the amount necessary to produce tax revenues equal to the current debt service on such bonds, assuming the previous year's total tax rate and full collection. (3) (A) So long as any such bonds of the municipality are outstanding the local governing body may deduct, in any one or more years from any net increase in the aggregate taxable valuation of land and improvements in all areas covered by urban renewal plans the amount necessary to produce tax revenues equal to the current debt service on such bonds, assuming the previous year's total tax rate and full collection.
  2. Only the balance, if any, of such net increase shall be taken into account in computing the sums that may be appropriated for other purposes under applicable tax rate limits.
  3. All the taxable property in all areas covered by urban renewal plans, including the whole of such net increase, shall be subject to the same total tax rate as other taxable property, except as may be otherwise provided by law.
  4. The net increase shall be computed each year by subtracting, from the current aggregate valuation of the land and improvements in all the areas covered by urban renewal plans, the sum of the aggregate valuations of land and improvements in each such area on the date the urban plan for such area was approved under subsection 3207(f) of this title. An area shall be deemed to be covered by an urban renewal plan until the date shown in the plan as its expiration date or until the date all the indebtedness incurred by the municipality to finance the applicable project has been paid, whichever date is later.
4. All the provisions of this subsection shall apply to all municipalities, notwithstanding any provision of general or special law to the contrary that specifies a different debt limit, that requires a greater vote to authorize bonds, that prescribes a different computation of appropriations under tax rate limits, or that is otherwise inconsistent with this subsection.
  Amended 1963, No. 2 , § 1, eff. Feb. 14, 1963; 2017, No. 74 , § 108.

History

Source. 1957, No. 264 , § 13.

Revision note. References to sections "3216", "3211", and "1759" and chapter "47" changed to "3219", "3214", and "1762" and chapter "53" to conform to renumbering of such sections and chapter.

Added "of this title" following "section 3207(f)" in subsec. (d) to conform to reference to V.S.A. style.

Amendments--2017. Subsecs. (a) and (d): Added subdiv. designations.

Amendments--1963. Subsec. (d): Added third through eighth sentences.

Prior law. 24 V.S.A. § 3214.

§ 3218. Title of purchaser.

Any instrument executed by a municipality and purporting to convey any right, title, or interest in any property under this chapter shall be conclusively presumed to have been executed in compliance with the provisions of this chapter insofar as title or other interest of any bona fide purchasers, lessees, or transferees of such property is concerned.

History

Source. 1957, No. 264 , § 14.

Prior law. 24 V.S.A. § 3215.

§ 3219. Exercise of powers in carrying out urban renewal project.

A municipality may itself exercise its urban renewal project powers, as herein defined, or may, if the local governing body by resolution determines such action to be in the public interest, elect to have such powers exercised by the urban renewal agency created by section 3220 of this title or by the housing authority, if one exists or is subsequently established in the community. In the event the local governing body makes such determination, the urban renewal agency or the housing authority, as the case may be, shall be vested with all of the urban renewal project powers in the same manner as though all such powers were conferred on such agency or authority instead of the municipality. If the local governing body does not elect to make such determination, the municipality in its discretion may exercise its urban renewal project powers through a board or commissioner or through such officers of the municipality as the local governing body may by resolution determine.
As used in this section, the term "urban renewal project powers" shall include the rights, powers, functions, and duties of a municipality under this chapter, except the following: the power to determine an area to be a slum or blighted area or combination thereof and to designate such area as appropriate for an urban renewal project and to hold any public hearing required with respect thereto; the power to approve urban renewal plans and modifications thereof; the power to approve general neighborhood renewal plans and community-wide plans or programs for urban renewal; the power to acquire, demolish, remove, or dispose of property as provided in subdivision 3209(4)(A); the power to establish as general plan for the locality as a whole; the power to formulate a workable program under section 3205 of this title; the power to make the determinations and findings provided for in sections 3204, 3206, and 3207(d) of this title; the power to issue general obligation bonds under subsection 3217(d); the power to assume the responsibility to bear loss as provided in subdivision 3209(4); and the power to appropriate funds, to levy taxes and assessments, and to exercise other powers provided for in subdivision 3209(9) of this title.
Amended 1966, No. 69 (Sp. Sess.), § 10, eff. March 14, 1966.

History

Source. 1957, No. 264 , § 15.

Revision note. References to sections "3217", "3208", and "3214" of this title changed to "3220", "3209", and "3217" respectively to conform to renumbering of such sections.

Substituted "section 3209(9) of this title" for "section 3209(h) of this title". The reference in 1957, No. 264 , § 15 was to "section 7(h)", which is now codified as 24 V.S.A. § 3209(9).

Amendments--1966. Subsec. (b): Added "the power to approve general neighborhood . . . as provided in section 3208(4)(A)"; and added "under section 3214(d); the power . . . as provided in section 3208(4)". In the original the first reference was to subdiv. 3208(3a). There is no subdiv. 3208(3a); hence the reference was translated to subdiv. 3208(4)(A) because of similarity of subject matter.

Prior law. 24 V.S.A. § 3216.

ANNOTATIONS

1. Agency.

When municipality, acting under this section, designates its planning commission to act as its agent in an urban renewal project, further action by municipality is not required and commission may exercise its powers to same degree as an urban renewal agency under § 3220 of this title. 1958-60 Op. Atty. Gen. 222.

§ 3220. Urban renewal agency.

There is hereby created in each municipality a public body corporate and politic to be known as the "urban renewal agency" of the municipality; provided, that such agency shall not transact any business or exercise its powers hereunder until or unless the local governing body has made the finding prescribed in section 3206 of this title and has elected to have the urban renewal project powers exercised by an urban renewal agency as provided in section 3219 of this title.
If the urban renewal agency is authorized to transact business and exercise powers hereunder, the mayor, by and with the advice and consent of the local governing body, shall appoint a board of commissioners of the urban renewal agency which shall consist of five commissioners. The term of office of each such commissioner shall be one year.
1. A commissioner shall receive no compensation for his or her services but shall be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his or her duties. Each commissioner shall hold office until his or her successor has been appointed and has qualified. A certificate of the appointment or reappointment of any commissioner shall be filed with the clerk of the municipality and such certificate shall be conclusive evidence of the due and proper appointment of such commissioner. (c) (1) A commissioner shall receive no compensation for his or her services but shall be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his or her duties. Each commissioner shall hold office until his or her successor has been appointed and has qualified. A certificate of the appointment or reappointment of any commissioner shall be filed with the clerk of the municipality and such certificate shall be conclusive evidence of the due and proper appointment of such commissioner.
2. The powers of an urban renewal agency shall be exercised by the commissioners thereof. A majority of the commissioners shall constitute a quorum for the purpose of conducting business and exercising the powers of the agency and for all other purposes. Action may be taken by the agency upon a vote of a majority of the commissioners present, unless in any case the bylaws shall require a larger number. Any persons may be appointed as commissioners if they reside within the area of operation of the agency, which shall be coterminous with the area of operation of the municipality, and are otherwise eligible for such appointments under this chapter.
3. The mayor shall designate a chair and vice chair from among the commissioners. An agency may employ an executive director, technical experts, and such other agents and employees, permanent and temporary, as it may require, and determine their qualifications, duties, and compensation. For such legal service as it may require, an agency may employ or retain its own counsel and legal staff. An agency authorized to transact business and exercise powers under this chapter shall file, with the local governing body, on or before March 31 of each year a report of its activities for the preceding calendar year, which report shall include a complete financial statement setting forth its assets, liabilities, income, and operating expense as of the end of such calendar year. At the time of filing the report, the agency shall publish in a newspaper of general circulation in the community a notice to the effect that such report has been filed with the municipality and that the report is available for inspection during business hours in the office of the clerk and in the office of the agency.
For inefficiency or neglect of duty or misconduct in office, a commissioner may be removed only after a hearing and after he or she shall have been given a copy of the charges at least 10 days prior to such hearing and have had an opportunity to be heard in person or by counsel.

History

Source. 1957, No. 264 , § 16.

2016 Substituted "chair" for "chairman" and "vice chair" for "vice chairman" in subsec. (c) in accordance with 2013, No. 161 , § 72 and added the subdiv. (1)-(3) designations in that subsec.

Revision note - Reference to section "3216" of this title changed to "3219" to conform to renumbering of such section.

Prior law. 24 V.S.A. § 3217.

§ 3221. Interested public officials, commissioners, or employees.

No public official or employee of a municipality, or board or commission thereof, and no commissioner or employee of a housing authority or urban renewal agency which has been vested by a municipality with urban renewal project powers under section 3219 of this title shall voluntarily acquire any personal interest, direct or indirect, in any urban renewal project, or in any property included or planned to be included in any urban renewal project of such municipality or in any contract or proposed contract in connection with such urban renewal project. Where such acquisition is not voluntary, the interest acquired shall be immediately disclosed in writing to the local governing body and such disclosure shall be entered upon the minutes of the governing body. If any such official, commissioner, or employee presently owns or controls, or owned or controlled within the preceding two years, any interest, direct or indirect, in any property which he or she knows is included or planned to be included in an urban renewal project, he or she shall immediately disclose this fact in writing to the local governing body, and such disclosure shall be entered upon the minutes of the governing body, and any such official, commissioner, or employee shall not participate in any action by the municipality, or board or commission thereof, housing authority, or urban renewal agency affecting such property. Any disclosure required to be made by this section to the local governing body shall concurrently be made to a housing authority or urban renewal agency which has been vested with urban renewal project powers by the municipality pursuant to the provisions of section 3219 of this title. No commissioner or other officer of any housing authority, urban renewal agency, board, or commission exercising powers pursuant to this chapter shall hold any other public office under the municipality other than his or her commissionership or office with respect to such housing authority, urban renewal agency, board, or commission. Any violation of the provisions of this section shall constitute misconduct in office.

History

Source. 1957, No. 264 , § 17.

Revision note. Reference to section "3216" of this title changed to "3219" to conform to renumbering of such section.

Substituted "fact" for "act" following "disclose this" in the third sentence to correct an apparent typographical error.

Prior law. 24 V.S.A. § 3218.

ANNOTATIONS

1. Conflict of interest.

This section did not prohibit municipality from designating its planning commission as its urban renewal agent under § 3219 of this title even though mayor was also ex-officio member of local planning commission. 1958-60 Op. Atty. Gen. 222.

CHAPTER 87. SPECIAL ASSESSMENTS

SUBCHAPTER 1. GENERAL PROVISIONS

SUBCHAPTER 2. PROPERTY-ASSESSED CLEAN ENERGY

ANNOTATIONS

Analysis

1. Construction.
2. Construction with other laws.

1. Construction.

Authority delegated by legislature to municipality to levy special assessments is strictly construed and reasonable doubts regarding such authority will be resolved in favor of taxpayer. Downtown Rutland Special Tax Challengers v. City of Rutland, 159 Vt. 218, 617 A.2d 129 (1992).

2. Construction with other laws.

All laws relating to special assessments should be construed together and in harmony if possible. Downtown Rutland Special Tax Challengers v. City of Rutland, 159 Vt. 218, 617 A.2d 129 (1992).

City charter provision which gave Rutland Redevelopment Authority authority to make special assessments but did not set forth any procedures for how that authority was to be carried out did not conflict with this chapter, providing procedures for levy of special assessments. Downtown Rutland Special Tax Challengers v. City of Rutland, 159 Vt. 218, 617 A.2d 129 (1992).

Subchapter 1. General Provisions

History

Amendments--2009 No. 45, § 15h, eff. May 27, 2009, designated the existing provisions of this chapter, comprising of sections 3251-3256, as subchapter 1 and added the heading for that subchapter.

§ 3251. Definitions.

As used in this chapter:

"Legislative body" means "legislative body" as defined in section 2001 of this title.
"Property" means real estate.
"Sewage system" means "sewage system" as defined in subdivision 3501(6) of this title.
"Special assessment" means a tax assessed against one or more properties receiving the benefit of a particular public improvement, as distinguished from a tax on the entire grand list of a municipality.
"Water system" means "water system" as defined in subdivision 3341(b)(2) of this title without reference to any determination by the water commission.
Added 1969, No. 170 (Adj. Sess.), § 10, eff. March 2, 1970.

History

2007. In subdiv. (3), substituted "subdivision 3501(6)" for "section 3501(6)" and in subdiv. (5), substituted "subdivision 3341(b)(2)" for "section 3341(b)(2)" to conform references to V.S.A. style.

ANNOTATIONS

1. Special assessment.

A special assessment is a special kind of tax that is imposed upon only some of the properties in a municipality because of the special benefit to those properties of a particular public improvement. Kirchner v. Giebink, 150 Vt. 172, 552 A.2d 372 (1988).

One-time sewer connection charges were special assessments, not rates or rents. Kirchner v. Giebink, 150 Vt. 172, 552 A.2d 372 (1988).

§ 3252. Purpose of assessments.

Special assessments may be made for the purchase, construction, repair, reconstruction, or extension of a water system or sewage system, or any other public improvement that is of benefit to a limited area of a municipality to be served by the improvement, including those projects authorized under subchapter 2 of this chapter.

Added 1969, No. 170 (Adj. Sess.), § 10, eff. March 2, 1970; amended 2009, No. 45 , § 15i, eff. May 27, 2009.

History

Amendments--2009. Added "including those projects authorized under subchapter 2 of this chapter" at the end of section.

ANNOTATIONS

Cited. Kirchner v. Giebink, 150 Vt. 172, 552 A.2d 372 (1988).

§ 3253. Method of apportionment.

A special assessment may be apportioned among the properties to be benefited thereby according to the listed value of such properties in the grand list, the frontage thereof, the added value accruing to each property by reason of the public improvement for which such assessment is made, or by any method other than the foregoing that results in a fair apportionment of the cost of the improvement in accordance with the benefits received.

Added 1969, No. 170 (Adj. Sess.), § 10, eff. March 2, 1970.

ANNOTATIONS

Cited. Downtown Rutland Special Tax Challengers v. City of Rutland, 159 Vt. 218, 617 A.2d 129 (1992).

§ 3254. Approval of voters.

A special assessment under this chapter shall be levied only by vote of a majority of the qualified voters of the municipality voting at an annual or special meeting duly warned for that purpose. However, the question need not be submitted to the voters if all of the owners of record of property to be assessed, or of any interest therein, other than mortgagees or lien holders, consent in writing to the assessment. Either the vote or the consent shall include approval of the method of apportionment of the assessment.

Added 1969, No. 170 (Adj. Sess.), § 10, eff. March 2, 1970.

ANNOTATIONS

1. Unapproved assessments.

Special assessments levied by Rutland Redevelopment Authority which were not approved by voters of Rutland nor consented to by property owners in special assessment district were invalid. Downtown Rutland Special Tax Challengers v. City of Rutland, 159 Vt. 218, 617 A.2d 129 (1992).

Cited. Kirchner v. Giebink, 150 Vt. 172, 552 A.2d 372 (1988); Kirchner v. Giebink, 155 Vt. 351, 584 A.2d 1120 (1990); Handy v. City of Rutland, 156 Vt. 397, 598 A.2d 114 (1990).

§ 3255. Collection of assessments; liens.

Special assessments under this chapter shall constitute a lien on the property against which the assessment is made in the same manner and to the same extent as taxes assessed on the grand list of a municipality, and all procedures and remedies for the collection of taxes shall apply to special assessments.
Notwithstanding subsection (a) of this section, a lien for an assessment under subchapter 2 of this chapter shall be subordinate to all liens on the property in existence at the time the lien for the assessment is filed on the land records, shall be subordinate to a first mortgage on the property recorded after such filing, and shall be superior to any other lien on the property recorded after such filing. In no way shall this subsection affect the status or priority of any municipal lien other than a lien for an assessment under subchapter 2 of this chapter.
Added 1969, No. 170 (Adj. Sess.), § 10, eff. March 2, 1970; amended 2011, No. 47 , § 18a, eff. July 1, 2012.

History

Amendments--2011. Added the subsec. (a) designation and added subsec. (b).

Cross References

Cross references. Collection of taxes, see § 4601 et seq. of Title 32.

§ 3256. Construction with other laws.

Nothing contained in this chapter shall prohibit the financing of any of the improvements referred to in this chapter by a tax on the grand list of a municipality, or by other means.

Added 1969, No. 170 (Adj. Sess.), § 10, eff. March 2, 1970.

ANNOTATIONS

Cited. Kirchner v. Giebink, 150 Vt. 172, 552 A.2d 372 (1988).

Subchapter 2. Property-Assessed Clean Energy

History

Amendments--2011. 2011, No. 47 , § 18b, eff. January 1, 2012, substituted "Property-Assessed Clean Energy" for "Clean Energy Assessments" in the subchapter heading.

§ 3261. Property-assessed clean energy districts; approval of voters.

1. In this subchapter, "district" means a property-assessed clean energy district. (a) (1) In this subchapter, "district" means a property-assessed clean energy district.
2. The legislative body of a town, city, or incorporated village may submit to the voters of the municipality the question of whether to designate the municipality as a property-assessed clean energy district. In a district, only those property owners who have entered into written agreements with the municipality under section 3262 of this title would be subject to a special assessment, as set forth in section 3255 of this title.
Upon a vote of approval by a majority of the qualified voters of the municipality voting at an annual or special meeting duly warned for that purpose, the municipality may incur indebtedness for or otherwise finance projects relating to renewable energy, as defined in 30 V.S.A. § 8002(17) , or to eligible projects relating to energy efficiency as defined by section 3267 of this title, undertaken by owners of dwellings, as defined in Section 103(v) of the federal Truth in Lending Act, within the boundaries of the town, city, or incorporated village.
Added 2009, No. 45 , § 15j, eff. May 27, 2009; amended 2011, No. 47 , § 18c, eff. May 25, 2011.

History

Amendments--2011. Section heading: Substituted "Property-assessed clean energy" for "Clean energy assessments" preceding "districts".

Subdivs. (a)(1), (a)(2): Added present subdiv. (a)(1) and redesignated former subdiv. (a)(1) as present subdiv. (a)(2) and in the present subdiv. (a)(2), inserted "property-assessed" preceding "clean" and deleted "assessment" preceding "district" and "clean energy assessment" preceding "district."

Subsec. (b): Substituted "dwellings, as defined in Section 103(v) of the federal Truth in Lending Act," for "real property" following "owners of".

§ 3262. Written agreements; consent of property owners; energy savings analysis.

Upon an affirmative vote made pursuant to section 3261 of this title and the performance of an energy savings analysis pursuant to subsection (b) of this section, an owner of a dwelling, as defined in Section 103(v) of the federal Truth in Lending Act, within the boundaries of a district may enter into a written agreement with the municipality that shall constitute the owner's consent to be subject to a special assessment, as set forth in section 3255 of this title. Entry into such an agreement may occur only after January 1, 2012. A participating municipality shall follow underwriting criteria established by the Department of Financial Regulation, and shall establish other qualifying criteria to provide an adequate level of assurance that property owners will have the ability to meet assessment payment obligations. A participating municipality shall refuse to enter into a written agreement with a property owner who fails to meet the underwriting or other qualifying criteria.
Prior to entering into a written agreement, a property owner shall have an analysis performed to quantify the project costs and energy savings and estimated carbon impacts of the proposed energy improvements, including an annual cash-flow analysis. This analysis shall be conducted by the entities appointed as energy efficiency utilities under 30 V.S.A. § 209(d)(2) , or conducted by another entity deemed qualified by the participating municipality. All analyses shall be reviewed and approved by the entities appointed as energy efficiency utilities.
A written agreement shall provide that:
1. The length of time allowed for the property owner to repay the assessment shall not exceed the life expectancy of the project. In instances where multiple projects have been installed, the length of time shall not exceed the average lifetime of all projects, weighted by cost. Lifetimes of projects shall be determined by the entities appointed as energy efficiency utilities under 30 V.S.A. § 209(d)(2) or another qualified technical entity designated by a participating municipality.
2. Notwithstanding any other provision of law:
  1. At the time of a transfer of property ownership including foreclosure, the past due balances of any special assessment under this subchapter shall be due for payment, but future payments shall continue as a lien on the property.
  2. In the event of a foreclosure action, the past due balances described in subdivision (A) of this subdivision (2) shall include all payments on an assessment under this subchapter that are due and unpaid as of the date the action is filed, and all payments on the assessment that become due after that date and that accrue up to and including the date title to the property is transferred to the mortgage holder, the lien holder, or a third party in the foreclosure action. The person or entity acquiring title to the property in the foreclosure action shall be responsible for payments on the assessment that become due after the date of such acquisition.
3. A participating municipality shall disclose to participating property owners each of the following:
  1. the risks associated with participating in the program, including risks related to the failure of participating property owners to make payments and the risk of foreclosure;
  2. the provisions of subsection (h) of this section that pertain to prepayment of the assessment.
A written agreement or notice of such agreement and the analysis performed pursuant to subsection (b) of this section shall be filed with the clerk of the applicable municipality for recording in the land records of that municipality and shall be disclosed to potential buyers prior to transfer of property ownership. Personal financial information provided to a municipality by a participating property owner or potential participating property owner shall not be subject to disclosure as set forth in 1 V.S.A. § 317(c)(7) . If a notice of agreement is filed instead of the full written agreement, the notice shall attach the analysis performed pursuant to subsection (b) of this section and shall include at least each of the following:
1. the name of the property owner as grantor;
2. the name of the municipality as grantee;
3. the date of the agreement;
4. a legal description of the real property against which the assessment is made pursuant to the agreement;
5. the amount of the assessment and the period during which the assessment will be made on the property;
6. a statement that the assessment will remain a lien on the property until paid in full or released; and
7. the location at which the original or a true, legible copy of the agreement may be examined.
At least 30 days prior to entering into a written agreement, the property owner shall provide to the holders of any existing mortgages on the property notice of his or her intent to enter into the written agreement.
The total amount of assessments under this subchapter shall not exceed more than 15 percent of the assessed value of the property. The combined amount of the assessment plus any outstanding mortgage obligations for the property shall not exceed 90 percent of the assessed value of that property.
With respect to an agreement under this section:
1. the assessments to be repaid under the agreement, when calculated as if they were the repayment of a loan, shall not violate 9 V.S.A. §§ 41a , 43, 44, and 46-50;
2. the maximum length of time for the owner to repay the assessment shall not exceed 20 years; and
3. the maximum amount to be repaid for the project, including the participating property owner's contribution to the reserve fund under subsection 3269(c) of this title, shall not exceed $30,000.00 or 15 percent of the assessed value of the property, whichever is less.
There shall be no penalty or premium for prepayment of the outstanding balance of an assessment under this subchapter if the balance is prepaid in full.
Added 2009, No. 45 , § 15j, eff. May 27, 2009; amended 2011, No. 47 , § 18d, eff. May 25, 2011 and Jan. 1, 2012; 2011, No. 78 (Adj. Sess.), § 2, eff. April 2, 2012.

History

2012. Amendment to subsec. (a) became effective May 25, 2011 and the remainder of the section became effective January 1, 2012.

Amendments--2011 (Adj. Sess.). Subsec. (a): Substituted "department of financial regulation" for "department of banking, insurance, securities, and health care administration".

Amendments--2011. Subsec. (a): In the first sentence, substituted "a dwelling, as defined in Section 103(v) of the federal Truth in Lending Act" for "real property"; added the second sentence and deleted "consistent with responsible underwriting and credit standards as" preceding "established" in the third sentence.

Subdiv. (c)(2): Rewrote the introductory language of the subdiv.; added the subdiv. (A) designation and in that subdiv. substituted "including" for "excepting" following "ownership" and added subdiv. (B).

Subdiv. (c)(3): Substituted "each of the following" for "the" following "owners"; and added the subdiv. (A) designation and added subdiv. (B).

Subsec. (d): In the first sentence, inserted "or notice of such agreement" following "written agreement" and "applicable" preceding "municipality"; substituted "that" for "the" preceding "municipality"; added the third sentence and subdivs. (1)-(7).

Subsec. (g): Substituted "With respect to" for "In the case of" at the beginning of the subsec. and "under this section" for "with the resident owner of a dwelling as defined in Section 103(v) of the federal Truth in Lending Act" at the end of the subsec.

Subdiv. (g)(1): Substituted "9 V.S.A. §§ 41a, 43, 44, and 46-50" for "chapter 4 of Title 9".

Subdiv. (g)(2): Substituted "assessment" for "loan" following "repay the".

Subdiv. (g)(3): Inserted "including the participating property owner's contribution to the reserve fund under subsec. 3269(c) of this title," following "the project,".

Subsec. (h): Added.

§ 3263. Costs of operation of district.

The owners of real property who have entered into written agreements with the municipality under section 3262 of this title shall be obligated to cover the costs of operating the district. A municipality may use other available funds to operate the district.

Added 2009, No. 45 , § 15j, eff. May 27, 2009.

§ 3264. Rights of property owners.

A property owner who has entered into a written agreement with the municipality under section 3262 of this title may enter into a private agreement for the installation or construction of a project relating to renewable energy, as defined in 30 V.S.A. § 8002(17) , or relating to energy efficiency as defined in section 3267 of this title.

Added 2009, No. 45 , § 15j, eff. May 27, 2009.

§ 3265. Liability of municipality.

A municipality that incurs indebtedness for or otherwise finances projects under this subchapter shall not be liable for the failure of performance of a project.
A municipality that incurs indebtedness for bonding under this subchapter shall pledge the full faith and credit of the municipality.
Added 2009, No. 45 , § 15j, eff. May 27, 2009.

§ 3266. Intermunicipal agreements.

Two or more municipalities, by resolution of their respective legislative bodies or boards, may establish and enter into agreements for incurring indebtedness or otherwise financing projects under this subchapter.

Added 2009, No. 45 , § 15j, eff. May 27, 2009.

§ 3267. Eligible energy efficiency projects; assistance to municipalities.

Those entities appointed as energy efficiency utilities under 30 V.S.A. § 209(d) :

shall develop a list of eligible energy efficiency projects and shall make the list available to the public on or before July 1 of each year; and
shall provide information concerning implementation of this subchapter to each municipality, within the area in which the entity delivers efficiency services, that requests such information, and shall contact each such municipality that votes to establish a district to offer this information.
Added 2009, No. 45 , § 15j, eff. May 27, 2009; amended 2011, No. 47 , § 18e, eff. Jan. 1, 2012.

History

Amendments--2011. Deleted "shall" following " § 209(d)" from the end of the undesignated paragraph; added the subdiv. (1) designation; inserted "Shall" preceding "develop" and added subdiv. (2).

§ 3268. Release of lien.

A municipality shall release a participating property owner of the lien on the property against which the assessment under this subchapter is made upon full payment of the value of the assessment.
Notice of a release of a lien for an assessment under this subchapter shall be filed with the clerk of the applicable municipality for recording in the land records of that municipality.
Added 2009, No. 45 , § 15j, eff. May 27, 2009; amended 2011, No. 47 , § 18f, eff. Jan. 1, 2012.

History

Amendments--2011. Section amended generally.

§ 3269. Reserve fund.

A reserve fund is created for use in paying the past due balances of an assessment under this subchapter in the event that there is a foreclosure upon the property subject to the assessment and the proceeds resulting from the foreclosure are, after all superior liens have been satisfied, insufficient to pay those past due balances. The reserve fund shall comply with the provisions of subsections (b) through (e) of this section and shall be administered by and in the custody of the entity described in subsection (f) of this section. Each municipality that establishes a district under this subchapter shall participate in the reserve fund created by this subsection.
The reserve fund shall be funded by participating property owners at a level sufficient to provide for the payment of past due balances described in subdivision 3262(c)(2) of this title in the event of a foreclosure upon a participating property and the costs of administering the reserve fund and shall only be used to provide for such payment and administration.
The contribution of each participating property owner to the reserve fund shall be included in the special assessment applicable to the property and shall be subject to section 3255 of this title. From time to time, the Commissioner of Financial Regulation shall determine the appropriate contribution to the fund in accordance with subsection (d) of this section. A determination by the Commissioner under this subsection shall apply to the reserve fund contribution for an assessment concerning which a written agreement under section 3262 is signed after the date of the Commissioner's determination and shall not affect the reserve fund contribution for an assessment concerning which such an agreement was signed on or before the date of the Commissioner's determination.
The reserve fund shall be capitalized in accordance with standards and procedures approved by the Commissioner of Financial Regulation to cover expected foreclosures and fund administration costs based on good lending practice experience. Interest earned shall remain in the fund. The administrator of the reserve fund shall invest and reinvest the monies in the fund and hold, purchase, sell, assign, transfer, and dispose of the investments in accordance with the standard of care established by the Prudent Investor Rule under 9 V.S.A. chapter 147. The administrator shall apply the same investment objectives and policies adopted by the Vermont State Employees' Retirement System, where appropriate, to the investment of monies in the fund.
The municipality shall disclose in advance to each interested property owner the amount of that property owner's required payment into the reserve fund. Once disclosed, the amount of the reserve fund payment shall not change over the life of the assessment.
An entity appointed under 30 V.S.A. § 209(d)(2) to deliver energy efficiency programs to multiple service territories shall administer the reserve fund created under subdivision (a)(1) of this section.
1. The entity's costs of administering the reserve fund shall be considered costs of operating the districts under section 3263 of this title.
2. In the event of foreclosure on a property that is subject to a special assessment and is in a district that participates in the reserve fund administered by the entity, the entity's obligation shall be to disburse, at the direction of the municipality, monies from the reserve fund to apply to the past due balances of the assessment. In no event shall other monies received or held by the entity be available to meet this obligation or the payment of balances on an assessment.
3. The entity shall keep an accurate account of all activities and receipts and expenditures under this subsection. An independent audit of the reserve fund shall be conducted annually. The cost of such an audit shall be considered a cost of administering the reserve fund. Where feasible, the entity shall cause this audit to be conducted in conjunction with other independent audits of its accounts, receipts, and expenditures. An audit conducted under this subdivision shall be available, on request, to the Auditor of Accounts and the Commissioners of Financial Regulation and of Public Service.
  Added 2009, No. 45 , § 15j, eff. May 27, 2009; amended 2011, No. 47 , § 18g, eff. Jan. 1, 2012; 2011, No. 78 (Adj. Sess.), § 2, eff. April 2, 2012.

History

Amendments--2011 (Adj. Sess.) Substituted "commissioner of financial regulation" for "commissioner of banking, insurance, securities, and health care administration" in subsecs. (c), (d), and in subdiv. (f)(3), substituted "commissioners of financial regulation" for "commissioner of banking, insurance, securities, and health care administration".

Amendments--2011. Rewrote the section.

§ 3270. State PACE Reserve Fund.

The State PACE Reserve Fund is established to be held in the custody of and administered by the State Treasurer. The purpose of the State PACE Reserve Fund shall be to reduce, for those districts for which the entity described in subsection 3269(f) of this title administers the loss reserve fund, the risk faced by an investor making an agreement with a municipality to finance such a district.
The Treasurer may invest monies in the Fund in accordance with 32 V.S.A. § 434 . All balances in the Fund at the end of the fiscal year shall be carried forward and shall not revert to the General Fund. Interest earned shall remain in the Fund. The Treasurer's annual financial report to the General Assembly under 32 V.S.A. § 434 shall contain an accounting of receipts, disbursements, and earnings of the Fund.
At the direction of the Treasurer, a sum shall be transferred to the Fund from monies deposited into the Energy Efficiency Fund pursuant to 30 V.S.A. § 209(e)(1)(A) (net capacity savings payments) and 209(e)(1)(B) (net revenues from the sale of carbon credits).
1. 1. For a given year, the sum transferred under this subsection shall be: (1) (A) For a given year, the sum transferred under this subsection shall be:
    1. five percent of the total amount of those assessments concerning which owners of real property, in the districts described in subsection (a) of this section, are expected to enter into written agreements pursuant to section 3262 of this title during the year; and
    2. such additional amount, if any, that is necessary to meet the full amount of payments reasonably expected to be made from the State PACE Reserve Fund during that year.
  2. In no event shall the sum transferred under this subsection exceed the limits on the total amount of funding from the State PACE Reserve Fund set forth under subsection (f) of this section.
2. When directing a transfer under this subsection, the Treasurer shall notify the Commissioners of Finance and Management and of Public Service, the Chair of the Public Utility Commission, and the entity described in subsection 3269(f) of this title. Monies shall not be disbursed from the State PACE Reserve Fund until necessary resources are transferred to the Fund.
Monies deposited to the State PACE Reserve Fund and any interest on monies in that Fund shall be used for the sole purpose of paying claims as described in subsections (e) and (f) of this section. In no event shall any monies received or held by the State of Vermont, other than monies deposited into the State PACE Reserve Fund or interest on monies in that Fund, be available to meet this obligation or the payment of a remaining past due balance or any other obligation under this subchapter.
In this section, "remaining past due balance" means that amount, if any, of a past due balance on an assessment under this subchapter that exists:
1. immediately following foreclosure on a property in a district that participates in the loss reserve fund administered by the entity described in subsection 3269(f) of this title; and
2. after the application, to the past due balances of the assessment on that property, of the proceeds available from the foreclosure, net of superior liens, and of the assets of that loss reserve fund.
The obligation of the State PACE Reserve Fund shall be to fund 90 percent of a remaining past due balance, upon presentation of a claim and application acceptable to the Treasurer and the entity described in subsection 3269(f) of this title, provided that the total amount of all such funding from the State PACE Reserve Fund shall not exceed the smallest of the following:
1. $1,000,000.00.
2. The funds available pursuant to subsection (d) of this section.
3. Five percent of the total of all assessments under this subchapter in the districts that participate in the loss reserve fund administered by the entity described in subsection 3269(f) of this title.
  Added 2011, No. 47 , § 18h, eff. Jan. 1, 2012.

History

2019. In subsec. (c), substituted "30 V.S.A. §§ 209(e)(1)(A)" and "209(e)(1)(B)" for "30 V.S.A. § 209(d)(7)" and "(8)" to correct the references.

- 2017. In subdiv. (c)(2), substituted "Public Utility Commission" for "Public Service Board" in accordance with 2017, No. 53 , § 12.

§ 3271. Monitoring; compliance; underwriting criteria.

The Department of Public Service created under 30 V.S.A. § 1 shall monitor and evaluate, for compliance with the underwriting criteria, standards, and procedures established under subsections 3262(a) (underwriting criteria for assessments) and 3269(c) and (d) (underwriting standards and procedures; loss reserve fund) of this title, all activities to which those criteria, standards, and procedures apply that are undertaken by an entity appointed under 30 V.S.A. § 209(d) (2) to deliver energy efficiency programs. The Department shall consult with the Department of Financial Regulation in performing these tasks. The Department of Public Service may combine its tasks under this section with monitoring and evaluation of an energy efficiency entity conducted pursuant to 30 V.S.A. § 209(d) or (e).

Added 2011, No. 47 , § 18i, eff. Jan. 1, 2012; amended 2011, No. 78 (Adj. Sess.), § 2, eff. April 2, 2012.

History

Amendments--2011 (Adj. Sess.). Substituted "department of financial regulation" for "department of banking, insurance, securities, and health care administration".

CHAPTER 89. WATERWORKS

Sec.

Cross References

Cross references. Aid to municipalities for water supply projects, see § 1571 et seq. of Title 10.

Consolidated water districts, see § 3341 et seq. of this title.

Loans to municipalities for planning or construction of publicly-owned water supplies and water systems, see § 4751 et seq. of this title.

§ 3301. Water supply; construction; condemnation; exceptions.

A municipal corporation is hereby authorized and empowered to construct, maintain, and repair an artesian well, reservoir or reservoirs, pumps, engines, and apparatus; take, purchase, and acquire any artesian wells, ponds, springs, streams, water courses, real estate, water rights, flowage rights, and easements necessary for its purposes within the limits provided by this section, together with such land surrounding and adjacent to the same as may be reasonably necessary for protecting and preserving the purity of the water in such artesian wells, ponds, springs, and streams; and may enclose such artesian wells, ponds, springs, and streams by suitable fences for the purpose of such protection; and such corporation, within the limits set forth in this section, and subject to the provisions of 30 V.S.A. § 108 , may take, acquire, or purchase any or all of the rights or properties owned or operated by any person or corporation engaged in the business of a water company, as defined by 30 V.S.A. § 203 , within the limits of such municipal corporation. Such corporation may enter in and upon any land or water for the purpose of making surveys, may take and construct dams and reservoirs, lay pipes and aqueducts, may connect the same with the main aqueduct as may be necessary to convey the water taken to the reservoirs of such municipal corporation and distribute the same through such municipal corporation for the purpose of supplying the inhabitants thereof with water for fire, domestic, and other purposes. However, such municipal corporation shall not take otherwise than by purchase water or a spring of water that the owner or lessee or other person having a vested right or interest in such water or the use thereof may reasonably require for domestic use or the watering of animals on the premises where such water may be in use.

Amended 2019, No. 131 (Adj. Sess.), § 256.

History

Source. 1949, No. 83 . V.S. 1947, § 3831. 1945, No. 49 , § 1.

Amendments--2019 (Adj. Sess.). In the first sentence, deleted "in the manner hereinafter mentioned," preceding "any artesian", deleted "hereinafter" preceding "set forth", inserted "in this section", and deleted "aforementioned" preceding "rights or properties"; and in the second sentence, deleted "as aforesaid" following "water taken".

ANNOTATIONS

1. Compensation for damages.

The fact that water power has never been utilized does not prevent riparian owner from recovering compensation for damages to same when water is taken for municipal purposes. Baxter v. Village of Rutland, 67 Vt. 607, 32 A. 488 (1895).

§ 3302. Entry on lands.

For the purposes enumerated in section 3301 of this title, such municipal corporation may enter upon and use any land and enclosures over or through which it may be necessary for an aqueduct or pipes to pass, and may thereon dig, place, lay, and construct such pipes, aqueducts, reservoirs, appurtenances, and connections as may be necessary for the complete construction and repairing of the same. From time to time, such corporation may open the ground in any streets, lanes, avenues, highways, and public grounds for the purpose of laying down and repairing such pipes, aqueducts, reservoirs, and appurtenances, as may be necessary for conducting the water and the purposes aforesaid. However, such streets, lanes, avenues, highways, and public grounds shall not be injured, but shall be left in as good condition as before the laying of such pipes, aqueducts, reservoirs, and appurtenances.

History

Source. V.S. 1947, § 3832. 1945, No. 49 , § 2.

ANNOTATIONS

1. State highways.

Expenses of relocating water mains owned by town and situated beneath state highway which is being rebuilt or improved must be borne by the town. 1958-60 Op. Atty. Gen. 109.

§ 3303. Compensation; condemnation.

The municipal corporation may agree with the owner or owners of any property, franchise, easement, or right that may be required by the municipal corporation for the purposes of this chapter, as to the compensation to be paid. In case of failure to agree as to the compensation, or in case the owner is an infant, a person who lacks capacity to protect his or her interests due to a mental condition or psychiatric disability, absent from the State, unknown, or the owner of a contingent interest, the Superior Court within and for the county where the subject property is situated on the petition of either party, may cause the notice to be given of the petition as the presiding judge of the court may prescribe. After proof thereof, the presiding judge may appoint three disinterested persons as commissioners to examine the property to be taken or damaged by the municipal corporation. The commissioners after being duly sworn, upon due notice to all parties in interest, shall view the premises, hear the parties in respect to the property, and shall assess and award to the owners and persons so interested just damages for any injury sustained and make report in writing to the presiding judge. The presiding judge may accept the report, unless just cause is shown to the contrary. The presiding judge may order the municipal corporation to pay the same in the time and manner as he or she may prescribe, in full compensation for the property taken, or the injury done by the municipal corporation, or the presiding judge may reject or recommit the report if the ends of justice so require. On compliance with the order, the municipal corporation may proceed with the construction of its work without liability for further claim for damages. The presiding judge may award costs in the proceeding in his or her discretion. The cause may be transferred to the Supreme Court as provided in 12 V.S.A. § 4601 .

Amended 2013, No. 96 (Adj. Sess.), § 154; 2019, No. 131 (Adj. Sess.), § 257.

History

Source. 1953, No. 213 . V.S. 1947, § 3833. 1945, No. 49 , § 3.

Revision note. References to "court of chancery" and "chancellor" changed to "superior court" and "presiding judge" pursuant to 1971, No. 185 (Adj. Sess.), § 236(d) and 1973, No. 193 (Adj. Sess.), § 3. See notes under §§ 71 and 219 of Title 4.

Amendments--2019 (Adj. Sess.). Deleted "therefor" at the end of the first sentence, deleted "as aforesaid" following "sustained" in the fourth sentence, and deleted "thereupon" following "judge may" in the fifth sentence.

Amendments--2013 (Adj. Sess.). Substituted "a person who lacks capacity to protect his or her interests due to a mental condition or psychiatric disability" for "insane" following "is an infant," and made stylistic changes throughout the section.

§ 3304. Record.

Such municipal corporation, within 60 days after the taking of any property, franchise, easement, or right under the provisions of this chapter, shall file in the office of the clerk of the municipal corporation where the same is situated, a description thereof.

History

Source. V.S. 1947, § 3834. 1945, No. 49 , § 4.

§ 3305. Contract for water.

Such municipal corporation may contract with any town, city, or village, or any corporation and individuals to supply water to such municipal corporation for the protection of property and for domestic and other purposes.
A municipal corporation is authorized to enter into, with any contracting party or parties, contracts, leases, or lease-purchase agreements with respect to the construction, operation, and maintenance of water systems. These contracts may be entered into for terms not to exceed 40 years or the useful life of the system, whichever is less.
Amended 1983, No. 191 (Adj. Sess.), § 2.

History

Source. V.S. 1947, § 3835. 1945, No. 49 , § 5.

Amendments--1983 (Adj. Sess.). Designated existing provisions of sections as subsec. (a) and added subsec. (b).

ANNOTATIONS

1. Statute not violated.

Applicant's claims that the City breached its statutory obligations under Title 24 failed because the applicant provided no evidence, nor did it even allege, that the moratorium on new water and wastewater allocations outside the City or the exemption for the sewer district was actuated by personal motives or ill will. Ingleside Equity Group, LP v. City of St. Albans, - F. Supp. 2d - (D. Vt. May 21, 2014).

Cited. City of Vergennes v. State, 144 Vt. 146, 473 A.2d 1172 (1984).

§ 3306. Charges; lien.

The owner or occupant of any tenement, house, or building who takes the water of a municipal corporation shall be liable for the rent or price of the same, and the officers and agents of the municipal corporation entrusted with the care and superintendence of the water may at all reasonable times enter all premises so supplied to examine the pipes and fixtures and prevent any unnecessary waste. If any person, without the consent of the municipal corporation, shall use any water, a civil action on this statute may be maintained against the person by the municipal corporation for the recovery of damages. The charges, rates, or rents for water shall be a lien upon the real estate furnished with the municipal corporation water in the same manner and to the same effect as taxes are a lien on real estate under 32 V.S.A. § 5061 .

Amended 2019, No. 131 (Adj. Sess.), § 258.

History

Source. V.S. 1947, § 3836. 1945, No. 49 , § 6.

Amendments--2019 (Adj. Sess.). Section amended generally.

Cross References

Cross references. Disconnection of water service for nonpayment of bill, see § 5141 et seq. of this title.

Rates, see § 3311 of this title.

ANNOTATIONS

Analysis

1. State property.
2. Priority of lien in bankruptcy proceedings.

1. State property.

State-owned property is not subject to water taxes under § 3308 of this title since it is not part of the ratable estate, but the state is liable for payment of water rent or charges for buildings it occupies under this section. 1964-66 Op. Atty. Gen. 211.

2. Priority of lien in bankruptcy proceedings.

Water rents under this section are in the nature of a property tax and, therefore, are accorded priority in bankruptcy proceedings in accordance with 11 U.S.C. § 507(a)(6)(B). In re New England Carpet Co., 26 B.R. 934 (Bankr. D. Vt. 1983).

Cited. West v. Village of Morrisville, 563 F. Supp. 1101 (D. Vt. 1983), vacated, 728 F.2d 130 (2d Cir. 1984).

§ 3307. Interference with supply.

If any person diverts the water or part of any of the artesian wells, ponds, springs, streams, aqueducts, water courses, or reservoirs, that shall be taken, used, or constructed by such municipal corporation, or shall corrupt the same, or make it impure, or commit any nuisance therein, or shall bathe therein, or within the limits, that may be taken or prescribed by such municipal corporation pursuant to the provisions of this chapter, or injure or destroy any artesian well, dam, embankment, aqueduct, pipe, reservoir, conduit, hydrant, structure, pump, machinery, or other property held, owned, or used by such municipal corporation under the provisions of this chapter, such person shall be liable to such municipal corporation in treble damages, to be recovered in a civil action on this statute, and any such person on conviction of a violation under this section shall be fined not exceeding $100.00 or committed to the Commissioner of Corrections not more than six months, or both.

Amended 1971, No. 199 (Adj. Sess.), § 17; 1981, No. 223 (Adj. Sess.), § 23; 2019, No. 131 (Adj. Sess.), § 259.

History

Source. V.S. 1947, § 3837. 1947, No. 202 , § 3860. 1945, No. 49 , § 7.

Reference to commissioner of corrections was substituted for reference to house of corrections pursuant to 1971, No. 199 (Adj. Sess.), § 17.

Amendments--2019 (Adj. Sess.). Deleted "thereof" following "part" and deleted "therefor" following "damages".

Amendments--1981 (Adj. Sess.). Added "or both" following "six months" at the end of the section.

§ 3308. Taxes; bonds.

For the purpose of successfully organizing, establishing, and operating its waterworks, and making such improvements as may be necessary, such municipal corporation is authorized and empowered to purchase, take, and hold real and personal estate; levy and collect such taxes upon the ratable estate of the municipal corporation as is necessary for the payment of municipal corporation water department expenses and indebtedness; issue its negotiable bonds in such sums and payable at such times and places as may be deemed advisable, for the purpose aforesaid only; and borrow such money from time to time as may be necessary to enable the water department to carry on the work of adequately supplying the municipal corporation with water.

History

Source. V.S. 1947, § 3838. 1945, No. 49 , § 8.

2013. Deleted "polls and" preceding "ratable estate" in accordance with 1978, No. 118 , § 1.

Cross References

Cross references. Special assessments, see § 3251 et seq. of this title.

ANNOTATIONS

1. State property.

State-owned property is not subject to water taxes under this section since it is not part of the ratable estate, but the state is liable, under § 3306 of this title, for payment of water rent or charges for buildings it occupies. 1964-66 Op. Atty. Gen. 211.

§ 3309. Bond issue.

Any municipal corporation that is authorized by any general or special law to acquire and maintain a water system may issue its bonds for water purposes pursuant to such law, without regard to any restrictions thereon prescribed by this chapter.

History

Source. V.S. 1947, § 3839. 1947, No. 49 , § 1.

§ 3310. Limitations.

Bonds issued under the authority of this chapter shall be authorized and issued in accordance with and subject to the limitations and provisions of chapter 53, subchapter 1 of this title. They shall not be considered as indebtedness of the municipal corporation limited by section 1762 of this title, may be paid in not more than 40 years from the date of issue notwithstanding the limitation of section 1759 of this title, may be authorized by a majority of those voting by ballot on the question at a meeting of the municipal corporation held for the purpose under chapter 53, subchapter 1 of this title notwithstanding any provisions of general or special law that may require a greater vote, and may be so arranged that beginning with the first year in which principal is payable, the amount of principal and interest in any year shall be as nearly equal as is practicable according to the denomination in which such bonds or other evidences of indebtedness are issued notwithstanding other permissible payment schedules authorized by section 1759 of this title.

Amended 1965, No. 63 , eff. May 19, 1965; 1971, No. 166 (Adj. Sess.), § 1, eff. March 22, 1972.

History

Source. V.S. 1947, § 3840. 1947, No. 49 , § 2. 1945, No. 49 , § 9.

Revision note. References to chapter "47" and sections "1759", and "1758" changed to chapter "53", and sections "1762", and "1759" to conform to renumbering of such chapter and sections.

Amendments--1971 (Adj. Sess.). Provided for equality of yearly principal and interest amounts payable.

Amendments--1965. Added the second sentence.

§ 3311. Rates.

Such municipal corporation may establish rates by meter service or annual rents to be charged and paid at such times, and in such manner as such municipal corporation shall determine for the supply of water to the inhabitants of such municipal corporation and others. From time to time, it may alter, modify, increase, or diminish such rates and extend them to any description of property or use as such municipal corporation may deem proper. Such rates or rents may be ordered to be paid in advance, and all necessary orders and provision may be made and enforced by such municipal corporation, relating to the supply or stoppage of water, as it may deem necessary to insure such advance payments.

History

Source. V.S. 1947, § 3841. 1945, No. 49 , § 10.

Cross References

Cross references. Rates of consolidated water districts, see § 3348 of this title.

ANNOTATIONS

Analysis

1. Reasonableness of rates.
2. Setting of rates.
3. Notice.

1. Reasonableness of rates.

Developer did not show that charges for reserved water capacity were unreasonable if they were not based on actual cost, as the statute does not require the village to base its fees on actual use or the associated marginal costs. The village had a finite water supply, and it had deemed it proper to charge fees for water reservations to discourage speculators and to discourage individuals from holding on to such reservations unnecessarily and unreasonably; it applied its fees uniformly and in a nondiscriminatory manner. Vt. N. Props. v. Village of Derby Ctr., 197 Vt. 130, 102 A.3d 1084 (2014).

2. Setting of rates.

Because the statute that regulated municipal water rates afforded a village broad discretion in setting its rates, and permitted the city that purchased water from the village to account for the operating costs generated by unused capacity in the rate schedule, the trial court's conclusion that the statute did not permit ready-to-serve fees as a matter of law was erroneous. City of Newport v. Village of Derby Ctr., 197 Vt. 560, 109 A.3d 412 (2014).

3. Notice.

There was no merit to a city's argument that a village did not provide it proper notice of a water rate increase incurred through its imposition of a ready-to-serve fee, as under both the agreement and the statute that regulated municipal water rates, the ready-to-serve fee was part of the rate schedule that the village could reasonably charge, and neither the contract nor the statute required specific notice of the new rates to be charged. A letter from the village specifically referenced the agreement and clearly stated that water rates would be increased, and the passage of a 2006 ordinance imposing the ready-to-serve fee provided additional constructive notice of the rate changes. City of Newport v. Village of Derby Ctr., 197 Vt. 560, 109 A.3d 412 (2014).

Cited. West v. Village of Morrisville, 563 F. Supp. 1101 (D. Vt. 1983), vacated, 728 F.2d 130 (2d Cir. 1984).

§ 3312. Repealed. 1977, No. 50, § 5.

History

Former § 3312. Former § 3312, relating members of board of water commissioners, was derived from V.S. 1947, § 3842; 1945, No. 49 , § 11. The subject matter is now covered by §§ 2651 and 2652 of Title 17.

§ 3313. Duties of water commissioners, use of proceeds.

Water commissioners shall have the supervision of such municipal water department and shall make and establish all needful water rates, charges, rules, and regulations for its control and operation. Such commissioners may appoint or remove a superintendent at their pleasure. The receipts derived by the municipal corporation from its waterworks shall only be used and applied to pay the principal and interest upon the water bonds of such municipal corporation, the expense of repairs and management of the water department, and payment into the dedicated fund created under subsection (b) of this section.
Receipts derived by a municipality from its waterworks may be deposited in a dedicated fund created by the water commissioners under section 2804 of this title, to finance major rehabilitation, major maintenance and costs of upgrading the water supply system, and for the accumulation of funds to be used to match federal funds pursuant to 10 V.S.A. § 1624(d) . Such revenues may include a surcharge established by the water commissioners of up to 15 percent on the costs of normal operations, maintenance, and debt service. The fund balance shall not exceed the estimated costs of the purposes for which the fund is established, and shall be maintained in deposits insured by the United States of America or an agency of the United States. Withdrawals shall be made only for purposes for which the fund was established. Such a fund shall meet the requirements of subdivision 4756(a)(4) of this title.
Amended 1997, No. 62 , § 62, eff. June 26, 1997.

History

Source. V.S. 1947, § 3843. 1945, No. 49 , § 12.

2007. In subsec. (b), substituted "subsection 1624(d)" for "section 1624(d)" and "subdivision 4756(a)(4)" for "section 4756(a)(4)" to conform references to V.S.A. style.

Revision note - Inserted "of water commissioners" in the section heading and deleted "such" preceding "water commissioners" at the beginning of the section for purposes of clarity in light of the repeal of section 3312, which provided that selectmen or trustees shall constitute a board of water commissioners. Water commissioners are now either appointed pursuant to section 2651 of Title 17 or elected pursuant to section 2652 of Title 17.

Amendments--1997. Section amended generally.

ANNOTATIONS

1. Liability for negligence.

That part of city's water business which consists of supplying its inhabitants with water for domestic purposes is private in character, and city is held to same responsibility for negligent handling of it as individual or private corporation. Boguski v. Winooski, 108 Vt. 380, 187 A. 808 (1936).

While city was not guarantor of purity of water supply furnished by it for domestic purposes, it was bound to use reasonable care to that end and if it failed to discharge this obligation, it was liable for damages caused thereby to customer who without contributory fault was injured in his person or property. Boguski v. Winooski, 108 Vt. 380, 187 A. 808 (1936).

§ 3314. Records.

Every bond issued by such municipal corporation for water purposes, under the provisions of sections 3309 and 3310 of this title, shall be signed by the clerk and treasurer of such municipal corporation and shall have the certificate of such clerk that such bond is one of a series authorized by such municipal corporation. Its records shall be so kept as to show the issue of the bonds, the amounts and dates of the same, when due, and the time of their payment.

History

Source. V.S. 1947, § 3844. 1947, No. 202 , § 3866. 1945, No. 49 , § 13.

§ 3315. Ordinances.

Such municipal corporation shall have the power to make, establish, alter, amend, or repeal ordinances, regulations, and bylaws relating to the matters contained in this chapter and not inconsistent with law, including the authority to require existing customers to remain connected to such municipal system, and to impose penalties for the breach thereof, and enforce the same.

Amended 1997, No. 134 (Adj. Sess.), § 13.

History

Source. V.S. 1947, § 3845. 1945, No. 49 , § 14.

Amendments--1997 (Adj. Sess.). Inserted "including the authority to require existing customers to remain connected to such municipal system".

§ 3316. Meetings; vote.

Any action taken by a municipal corporation under the provisions of this chapter or relating to the matters set forth in this chapter shall be by vote of the majority of the legal voters of the municipal corporation at a meeting duly warned and held, unless otherwise provided.

Amended 2019, No. 131 (Adj. Sess.), § 260.

History

Source. V.S. 1947, § 3846. 1945, No. 49 , § 15.

Amendments--2019 (Adj. Sess.). Section amended generally.

CHAPTER 91. CONSOLIDATED WATER DISTRICTS

Sec.

Cross References

Cross references. Aid to municipalities for water supply projects, see § 1571 et seq. of Title 10.

Loans to municipalities for planning or construction of publicly-owned water supplies and water systems, see § 4751 et seq. of this title.

ANNOTATIONS

Cited. Robes v. Town of Hartford, 161 Vt. 187, 636 A.2d 342 (1993).

§ 3341. General provisions - Policy and definitions.

It is hereby declared to be the policy of the State to authorize two or more towns or other municipal corporations to join together to establish a consolidated water district for the purpose of developing or acquiring a supply of water and a water distribution system for the purpose of supplying the inhabitants of the district or the member systems within the district with pure water for domestic, sanitary, agricultural, commercial, and industrial purposes, and for supplying the member towns with water for all lawful municipal purposes, including development, construction, and operation of water sources to supply existing municipal water systems.
As used in this chapter, the following words and terms shall have the following meanings, unless the context shall indicate another or different meaning or intent:
1. "Town" means any municipality within the meaning of 1 V.S.A. § 126 .
2. "Water system" means and includes all plants, systems, facilities or properties used or useful or having the present capacity for future use in connection with the supply or distribution of water, and any integral part thereof, including water supply systems, water distribution systems, reservoirs, wells, intakes, mains, laterals, aqueducts, pumping stations, standpipes, filtration plants, purification plants, hydrants, meters, valves, and all necessary appurtenances and equipment and all properties, rights, easements, and franchises relating thereto and deemed necessary or convenient by the water commission for the operation thereof.
3. "Improvements" means such repairs, replacements, additions, extensions, and betterments of and to a water system as are deemed necessary by the water commissioners to place or to maintain such system in proper condition for its safe, efficient, and economic operation or to meet requirements for service in areas that may be served by the district and for which no existing service is being rendered.
4. "Cost" as applied to a water system shall include the purchase price of any such system, the cost of construction, the cost of all labor, materials, machinery, and equipment, the cost of improvements, the cost of all lands, property, rights, easements, and franchises acquired, financing charges, interest prior to and during construction and, if deemed advisable by the water commissioners for one year after completion of construction, cost of plans and specifications, surveys, and estimates of cost and of revenues, cost of engineering and legal services, and all other expenses necessary or incident to determining the feasibility or practicability of such construction.
5. "Wholesale consolidated water district" means a water district established for the purpose of developing sources of water, together with a system of delivering or treating it, or both, to existing municipal or private water companies.
  1964, No. 20 (Sp. Sess.), § 1, eff. March 10, 1964; amended 1966, No. 10 (Sp. Sess.), eff. Feb. 22, 1966; 1967, No. 209 , § 1, eff. April 17, 1967.

History

Revision note. Substituted "developing" for "development" preceding "or acquiring" in subsec. (a) to correct a grammatical error.

Amendments--1967. Subsec. (a): Deleted the word "Contiguous" and added the words "or the member systems within the district" and "including development, construction and operation of water sources to supply existing municipal water systems".

Subsec. (b)(5): Added.

Amendments--1966. Subsec. (b)(1): Substituted reference to "section 126 of Title 1" for former reference to "town, village or fire district" and deleted "It shall not include a city".

ANNOTATIONS

Cited. City of Vergennes v. State, 144 Vt. 146, 473 A.2d 1172 (1984).

§ 3342. Organization and operation - Establishment of consolidated water district.

When a majority of the voters of each town of a proposed consolidated water district present and voting in each case by Australian ballot at a town meeting duly warned for that purpose for the same day and during the same hours that shall be at least eight consecutive hours shall vote to join with one or more neighboring towns as specified in the warning for the purpose of forming a consolidated water district, such vote shall be certified by the clerk of each town to the Secretary of State; and when all towns proposed as members of the consolidated water district as specified in such vote have so affirmatively voted and the results have been certified to the Secretary of State, the Secretary of State shall file the same in his or her office and shall send a written notice to the clerk of each town to be included in the consolidated water district that the requirements of this section have been met by each town in the district. Upon the filing of such records in the Office of the Secretary of State, the consolidated water district shall become a body politic and corporate with the powers incident to a public corporation and such records shall be notice to all parties of the establishment of the consolidated water district with all the powers incident to such a district as provided under this section; and the filing shall be prima facie evidence that the requirements for the creation of a consolidated water district as set forth in this section have been fully complied with. A consolidated water district may sue and be sued and may hold and convey real estate and personal estate for the use of the district and shall have and may exercise the powers and be subject to the duties and obligations of a municipal corporation provided for in chapter 89 of this title so far as the same may be applicable and except as otherwise provided in this chapter.
A consolidated water district may enter into agreements with the State or federal governments or any agency of either or any corporation, commission, or board authorized by the State or federal government to grant or loan money to or otherwise assist in the financing of projects such as a consolidated water district is authorized to carry out, and to accept grants and borrow money from any such agency, corporation, commission, or board, as may be necessary or desirable to carry out the purposes of this chapter.
The district shall have the right of eminent domain as set forth in sections 3301, 3302, 3303, and 3304 of this title within the district.
If a town in its entirety votes to enter a consolidated water district and is accepted by the district, no village or municipal subdivision thereof may be a member concurrently. If a town either takes no vote, is not accepted, or declines to be a member of the district, any municipal subdivision thereof, including a village or fire district, may be considered under the language of this statute as a "town" and may become a member. If a subdivision is a member of a consolidated water district and the entire town later votes to join the district, the town shall replace its municipal subdivisions in the district.
Added 1964, No. 20 (Sp. Sess.), § 2, eff. March 10, 1964; amended 1967, No. 209 , § 2, eff. April 17, 1967; 2019, No. 131 (Adj. Sess.), § 261.

History

Revision note. Reference to chapter "73" of this title was changed to chapter "89" to conform reference to renumbering of such chapter.

Amendments--2019 (Adj. Sess.). Subsec. (a): Amended generally.

Amendments--1967. Subsecs. (c), (d): Added.

Substituted "this chapter" for "this act" at the end of subsec. (b) to conform reference to V.S.A. style.

ANNOTATIONS

Analysis

1. Real estate.
2. Multi-purpose dams.

1. Real estate.

A consolidated water district when formed under this section may acquire and hold real estate for the use of the district with no limitation as to the location of such real estate. 1964-66 Op. Atty. Gen. 280.

2. Multi-purpose dams.

A consolidated water district may construct multi-purpose dams for recreational purposes where approved by the town voters pursuant to § 202 of Title 31. 1964-66 Op. Atty. Gen. 280.

Cited. City of Vergennes v. State, 144 Vt. 146, 473 A.2d 1172 (1984).

§ 3343. Organizational meeting.

Within 60 days after the Secretary of State notifies the clerks of the member towns that the requirements of section 3342 of this title have been met, the voters in the consolidated water district shall meet and organize the district. The meeting shall be warned by the chair of the legislative body of each town of the district or by a member designated by his or her respective board to act in the chair's stead. The warning shall state the day, hour, and place within the district where the meeting will be held and shall be posted in not less than six public places in the district, including at least two public places within each member town, and shall be published three times in a newspaper circulating in the district, the last publication to be at least six days previous to the day of the meeting. The meeting shall be called to order by the clerk of the town in which the meeting is held, at which time a temporary presiding officer and clerk shall be elected from among the qualified voters. At such organizational meeting or an adjournment of the meeting, the district shall elect a moderator and a permanent clerk; shall determine the number of water commissioners constituting the board of water commissioners; and shall elect a board of water commissioners, who shall be the legislative branch, a treasurer, and three auditors. All officers elected at the organizational meeting shall hold office until others are elected and qualified following the first annual meeting. The selectboard of each town may appoint an alternative water commissioner for each commissioner elected from that town, whose duty shall be to serve in place of the elected commissioner if the latter is unable to serve, resigns, or is unable to proceed in office. The total number of water commissioners and the member from each member town may be agreed upon by the several member towns in advance of the organizational meeting. In the absence of such agreement, the number shall be set by the organizational meeting at not less than three nor more than 11 commissioners, including at least one from each member town. Changes in the total number of commissioners may be made at any annual meeting of the district duly warned for that purpose by vote of two-thirds of those present and voting; except that it shall always include at least one from each member town. Water commissioners elected at the organizational meeting shall be elected from nominations made by the several towns at their most recent annual or special meeting, if such nominations have been made. Water commissioners to serve on the board of water commissioners of the consolidated district following the first annual meeting shall be elected by the member towns at their own annual or special meetings. Such elections shall be by Australian ballot in those member towns that elect their respective legislative branches by Australian ballot. All other consolidated water district officers shall be elected by the consolidated district. When there is only one nominee for any of the offices, the voters may, by acclamation, instruct an officer to elect that nominee by casting one ballot, and upon the ballot being cast the nominee shall be declared to be legally elected.
At such organizational meeting or at an adjournment of the meeting, the district may further authorize its board of water commissioners to pay any expense incurred by or on behalf of the district in the period between the date on which the member towns voted to join the district and the first annual meeting of the district. The word "expense" as used in this chapter shall include the cost of architects, surveyors, engineers, contractors, lawyers, or other consultants or experts as well as current operating expenses to be incurred by the district from its organizational meeting until its first annual meeting. The district may authorize its board of water commissioners to borrow money pending receipt of payments from the member towns as provided in this chapter by the issuance of its notes or orders payable not later than one year from the date. At the organizational meeting, the district shall further select a name for the district, determine compensation, if any, to be paid to its officers, determine the date on which its annual meeting shall be held, (which shall not be earlier than October 1 or later than December 31), and adopt a seal. A certified copy of the vote designating the name of the consolidated water district shall be forthwith filed by the clerk of the district with the Secretary of State.
All district officers elected at an annual meeting and water commissioners elected by their constituent towns shall enter upon their duties on April 1 following their election, unless a different date is set at an annual meeting. A vacancy occurring in any district office other than commissioner caused by death, resignation, removal from the district, or incapacity of an officer to carry his or her duties, shall be temporarily filled by the board of water commissioners with a person from the municipality from which the vacancy occurs within 10 days after the vacancy occurs and until the date when the newly elected officers take office. The vacancy shall be filled at the next annual meeting of the district. The term of office of the water commissioners and the auditors shall be three years and all other officers one year. At the first annual meeting, the terms of office of the commissioners shall be divided by agreement. If possible by lot, if not, with one-third expiring after one year, and one-third expiring after two years, or as nearly as may be. At said first annual meeting, one auditor shall be elected for one year, and one auditor for two years, and thereafter for three years or until their successors are chosen and qualified.
The fiscal year of a consolidated water district shall be the calendar year. If the change in the date of an annual meeting is to be made, a notice of the proposed change shall be inserted in the warning of the annual meeting.
Added 1964, No. 20 (Sp. Sess.), § 3, eff. March 10, 1964; amended 1967, No. 209 , § 3, eff. April 17, 1967; 2019, No. 131 (Adj. Sess.), § 262.

History

Revision note. Substituted "section 3342 of this title" for "the preceding section" in the first sentence of subsec. (a) to conform reference to V.S.A. style.

Combined the fifth and sixth sentences of subsec. (c) to correct a grammatical error.

Amendments--2019 (Adj. Sess.). Section amended generally.

Amendments--1967. Section amended generally.

§ 3344. Warnings of meetings.

Meetings shall be warned by the clerk, or in case of his or her inability to act, by a majority of the water commissioners, by posting a notice thereof, specifying the time, place, and business of the meeting, in not less than five public places in the district, including at least one public place in each member town, at least 10 days before the time therein specified and causing the same to be published in a paper circulating in the district, such publication to be not less than 10 days before the date of the meeting, and the warning shall be recorded in the office of the clerk before being posted.
Any meeting called for the purpose of considering a bond issue shall be warned as is provided for in chapter 53, subchapter 1 of this title.
The water commissioners shall have the same authority and obligation to warn or call meetings of the district as selectmen have to warn or call town meetings.
Added 1964, No. 20 (Sp. Sess.), § 4, eff. March 10, 1964.

History

Revision note. Reference to chapter "47" of this title was changed to chapter "53" to conform reference to renumbering of such chapter.

§ 3345. Eligibility of voters.

Persons residing within the limits of the district, who are qualified voters in their town meetings, shall be voters in the district meeting. The moderator, clerk, and members of the board of water commissioners shall decide all questions as to the eligibility of a person to vote at a district meeting.

1964, No. 20 (Sp. Sess.), § 5, eff. March 10, 1964.

§ 3346. Check list.

The clerk of each town within a consolidated water district shall furnish to the clerk of the district, at the expense of the district, authenticated copies of the check lists of legal voters within said town as the same appears after revision of such check list before the last town meeting, annual or special, preceding the date of the district meeting, which check list shall control for the purposes of determining the voters eligible to vote at the district meeting. Whenever a matter, including bond issues under chapter 53, subchapter 1 of this title, is to be determined by ballot or voting machine, the board of water commissioners may designate polling places not to exceed one in each member town.

1964, No. 20 (Sp. Sess.), § 6, eff. March 10, 1964.

History

Revision note. Inserted "of chapter 47" following "subchapter 1" for purposes of clarity.

Reference to chapter "47" of this title was changed to chapter "53" to conform reference to renumbering of such chapter.

§ 3347. Record of proceedings.

The clerk shall keep a record of the votes and the proceedings of the district meetings and give certified copies thereof when required. A clerk who neglects to perform this duty shall forfeit $20.00 to the district, to be recovered in a civil action on this statute.

1964, No. 20 (Sp. Sess.), § 7, eff. March 10, 1964.

History

§ 3348. Finances; water rates; application of revenue.

1. Notwithstanding the provisions of section 3311 of this title, the board of water commissioners of a consolidated water district shall establish rates for the water and services by meter service and all individuals, firms, and corporations, whether private, public, or municipal, shall pay to the treasurer of that district the rates and stand-by charges established by the board of water commissioners. (a) (1) Notwithstanding the provisions of section 3311 of this title, the board of water commissioners of a consolidated water district shall establish rates for the water and services by meter service and all individuals, firms, and corporations, whether private, public, or municipal, shall pay to the treasurer of that district the rates and stand-by charges established by the board of water commissioners.
2. In those districts in which water is supplied by the consolidated water district to the consumer, rates shall be uniform within the district. A wholesale consolidated water district shall set a rate that is uniform to all member towns, and it may further establish a separate schedule for nonmember users. The board of water commissioners may also enter into a contract with member and nonmember municipalities for the supply of water over a period of years.
  All rates shall be established so as to provide revenue for the following purposes:
  
  to pay current expenses for operating and maintaining the water systems;
  
  to provide for the payment of interest on the indebtedness created by the district;
  
  to provide each year a sum equal to not less than two percent or more than five percent of the entire indebtedness created or assumed by the district to pay for the cost of the water system and improvements to the water system, which sum shall be used to pay indebtedness maturing in that year or turned into a sinking fund and there kept to provide for the extinguishment of indebtedness of the district;
  
  to capitalize a sinking fund, the proceeds of which shall be used to match federal funds;
  
  If any surplus remains at the end of the year, it may be turned into the sinking fund or used to pay the cost of improvements to the water system.
The money set aside for the sinking fund and any increment thereon shall be devoted to the retirement of obligations of the district or for the purpose of matching federal funds, or invested in such securities as savings banks or fiduciaries or trustees are now or hereafter allowed to hold. The balance of the revenue, if any, required to meet said expenses shall be apportioned among and collected from member towns as provided under this chapter.
In the event that a member town in the district elects to establish a system by vote at an annual or special town meeting for fire protection, a consolidated water district may, at the expense of that town, purchase and install hydrants in the town and shall establish an annual fire protection stand-by charge for each hydrant, which charge shall be uniform throughout the district, and which shall be paid to the treasurer of the district by the member town in which the system is located. Any municipality purchasing water from a consolidated water district may, in turn, sell the water to any adjoining municipality and may set a charge for the water that takes into account, in addition to the rate paid to the consolidated water district, a sum to cover the expense of transporting the water to the purchasing municipality.
Added 1964, No. 20 (Sp. Sess.), § 8, eff. March 10, 1964; amended 1967, No. 209 , § 4, eff. April 17, 1967; 1997, No. 62 , § 63, eff. June 26, 1997; 2019, No. 131 (Adj. Sess.), § 263.

History

Revision note. Added subsec. designations to conform section to V.S.A. style.

Substituted "nor" for "or" following "not less than two percent" in subdiv. (a)(3) to correct a grammatical error.

Amendments--2019 (Adj. Sess.). Section amended generally.

Amendments--1997. Subsec. (a): Added new subdiv. (4) and redesignated former subdiv. (4) as subdiv. (5).

Subsec. (b): Inserted "or for the purpose of matching federal funds" following "district" in the first sentence.

Amendments--1967. Section amended generally.

§ 3349. Annual budget; apportionment; assessment; taxes.

The board of water commissioners of the district shall at each annual meeting present to the district its budget for the ensuing year, which shall include an estimate of the revenue from water rates and other sources, except taxes and the expenses for the ensuing year, and the district shall appropriate such sum as it deems necessary for all of the expenses that are not disapproved (which disapproval shall not include interest on or principal of any indebtedness created or assumed by the district), together with the amount required to pay any balance left unpaid from the preceding year as will not be met from such estimated revenues, expressing the sum in dollars in its vote. At its first annual meeting, the district shall likewise vote a sum sufficient to pay any unpaid balance of expense, as defined in section 3343 of this title, that has been incurred by or on behalf of the district. Immediately following the annual meeting, the board of water commissioners shall compute the share of each member town in the sums so voted and give notice of the amount to the legislative branch, as defined in section 1751 of this title, of each member town.
The expense of establishing, acquiring, maintaining, extending, improving, and operating a water system for a consolidated water district shall, to the extent that the expense will not be met from the proceeds of indebtedness or from water rates, rents, and other charges received from the use of the water system, be divided among the member towns in accordance with a formula agreed to by the member towns by vote at an annual or special town meeting or, in the absence of any such agreement, as follows: two-thirds of the expense shall be divided in the proportion that the total number of gallons distributed to the inhabitants of each member town of the district bears to the total number of gallons so distributed in all the member towns in the last preceding full calendar year of operation of the district, and the balance of the expense (or all of the expense until the water system has been in operation for at least one full calendar year) shall be divided among the member towns in the proportion that the population of each member town according to the last rental census bears to the total population of the district.
The legislative branch of each member town shall, upon receipt of the notice of the share in the district expenses to be paid by the member town, assess upon the grand list of the member town, in addition to any tax previously voted on the grand list, a tax sufficient to raise the member town's share in the district expenses. The additional tax as so assessed shall be collected as are other taxes of the member town and be deposited in the member town's account. The legislative branch of the member town shall order the additional tax to be paid over to the treasurer of the district as collected by the 20th of the month after the member town's taxes become payable. If by the end of its fiscal year a member town has failed to collect and pay over to the treasurer of the district a sum sufficient to pay the member's share of the expenses of the district, the legislative branch of the member town shall assess a special tax of five percent on the grand list of the member town, or such multiple thereof as is necessary to make up the unpaid balance of the member town's share, which special tax shall be collected as are other taxes of the member town. Upon the collection of the special tax, the same shall be paid over to the treasurer of the district. If by the end of its fiscal year a member town fails to pay its share of the expenses of the district, or fails to make up a deficit therein from the preceding year as provided in this subsection, the board of water commissioners of the district may bring a civil action on this statute in the name of the district to recover of the member town twice the amount of the share of the member town as remains unpaid, and upon judgment may levy its execution against any of the real or personal property within the member town.
Added 1964, No. 20 (Sp. Sess.), § 9, eff. March 10, 1964; amended 2019, No. 131 (Adj. Sess.), § 264.

History

Revision note. Substituted "a civil action" for "an action of contract" in subsec. (c) to conform to Rule 2, Vermont Rules of Civil Procedure, pursuant to 1971, No. 185 (Adj. Sess.), § 236(d). See note under § 219 of Title 4.

Amendments--2019 (Adj. Sess.). Section amended generally.

§ 3350. Special tax assessment for payment of execution.

When a demand is made upon the district for the payment of an execution issued against it and the district has no available funds to pay the same, the board of water commissioners shall compute the share of each member town in such execution, with costs, interest, and other charges, to be paid by it in accordance with the agreement among the member towns or the formula established in section 3349 of this title, and shall give notice of the amount thereof to the legislative branch of each member town. Such member town through its proper officer shall forthwith pay to the treasurer of the district its share of such execution and any charges. If the member town has insufficient funds to pay its said share, its legislative branch shall forthwith assess and have collected a tax sufficient to pay the same in the manner its other taxes are assessed and collected.

1964, No. 20 (Sp. Sess.), § 10, eff. March 10, 1964.

§ 3351. Debts and liabilities of member towns.

No debt or liabilities of a town that is a member of the district shall accrue against the district.

1964, No. 20 (Sp. Sess.), § 11, eff. March 10, 1964.

§ 3352. Tax exemption.

Property of a consolidated water district shall be exempt from all taxation by any town within the district.

1964, No. 20 (Sp. Sess.), § 12, eff. March 10, 1964; amended 1967, No. 209 , § 5, eff. April 17, 1967.

History

Amendments--1967. Added "within the district".

§ 3353. Indebtedness.

General obligations. A consolidated water district may incur indebtedness as provided by chapter 53, subchapter 1 of this title and by chapter 89 of this title for the purpose of paying the cost of a water system and improvements to the water system or for funding or refunding, including the payment of premium, any bonds or other evidences of indebtedness issued or assumed by the district, provided, however, that the limits on indebtedness in chapter 53 of this title or otherwise shall not apply to indebtedness incurred or assumed by a consolidated district for the purposes of this chapter.
Joint and severable obligations. Obligations incurred under chapter 53, subchapter 1 and chapter 89 of this title or as otherwise authorized in this chapter by a consolidated water district, except obligations incurred under chapter 53, subchapter 2, shall be the joint and several obligations of the district and the member towns composing it. However, as among the member towns, their respective shares of the obligation shall be apportioned and paid in the manner provided in this chapter. Any joint or several liability incurred by a member town under the provisions of this chapter shall not be considered in determining its debt limit for its own separate purposes. Notwithstanding the limitations in sections 1755 and 1759 of this title, bonds or other evidences of indebtedness of a consolidated water district may be authorized by a majority of the voters present and voting on the question at a district meeting, may be paid in not more than 40 years from their date of issue, may be made callable at the option of the district with or without premium, and the serial maturities of the bonds or evidences of indebtedness may be so arranged that beginning with the first year in which principal is payable, the amount of principal and interest payable in any year shall be as nearly equal as is practicable according to the denominations in which the bonds or other evidences of indebtedness are issued.
Obligations payable solely from revenue. In addition to the authority granted in this section, a consolidated water district may issue bonds or other evidences of indebtedness pursuant to chapter 53, subchapter 2 of this title; provided, however, that no such bonds payable solely from revenues shall be issued while the district has outstanding any bonds or other evidences of indebtedness for which the district and the member towns are jointly and severally liable as provided under this chapter, except notes or other evidences of indebtedness issued temporarily in anticipation of revenue.
Added 1964, No. 20 (Sp. Sess.), § 13, eff. March 10, 1964; amended 2019, No. 131 (Adj. Sess.), § 265.

History

Revision note. Designated the second paragraph of subsec. (a) as subsec. (b) and redesignated former subsec. (b) as (c) to conform section to V.S.A. style.

References to chapters "47", "73" and sections "1754" and "1758" of this title were changed to chapters "53", "89" and sections "1755" and "1759" to conform references to renumbering of such chapters and sections.

Inserted "of chapter 53" following "subchapter 1" in subsec. (b) for purposes of clarity.

Inserted "of this title" following "chapter 89" in subsec. (b) to conform reference to V.S.A. style.

Editor's note. The language of subsec. (b) providing that, notwithstanding section 1755 of this title, bonds or other evidences of indebtedness may be authorized by a majority vote, is obsolete. Section 1755, as amended, requires a majority vote.

Amendments--2019 (Adj. Sess.). Section amended generally.

§ 3354. Changes in membership; inclusion of additional towns.

When a majority of voters of a town, present and voting at a meeting duly warned for that purpose, vote to apply to a consolidated water district for admission as a member of that district, the vote shall be certified by the clerk of the town to the clerk of the consolidated water district and to the Secretary of State. The vote and certification, if accepted by the consolidated district within two years after the date of the vote, shall be binding on the town without the subsequent vote in the town contemplated in subsections (b) and (c) of this section.
When it appears to the board of water commissioners that the boundaries of a consolidated water district should be changed to include another town, they may insert an article fully describing the proposed change in the warning for a regular or special meeting of the district, which proposed change shall state the number of additional members to be added to the board of water commissioners if the change is approved.
When a majority of the voters voting at such a meeting vote to include an additional town within the boundaries of the consolidated water district as a member of the district, the board of water commissioners shall notify the legislative body of the additional town of the vote. Upon notification, the legislative body of the additional town proposed to be included shall duly warn a meeting of the town, setting forth in the warning the vote of the consolidated water district and the proposed change in its boundaries. If a majority of the voters voting at the meeting of the additional town vote to be included within the district, the result of that vote and the result of the vote already taken by the consolidated water district shall be certified to the Secretary of State, who shall record the same in his or her office. A certificate of the record shall immediately be filed by the Secretary of State in the office of the clerk of the consolidated water district and of any additional town to be included as a member of the district, which filing shall be notice to all parties of the addition to the consolidated district.
A consolidated water district so enlarged shall have all the powers and responsibilities given it by this chapter. Any vacancy on the board of water commissioners created as a result of the increase in the number of member towns shall be filled as provided in section 3343 of this title. The additional member town shall share in the expenses of the district in the proportion provided in this chapter for other member towns from the date the certificate of the Secretary of State is filed in the office of the clerk of the district and the office of the clerk of the additional town.
Added 1964, No. 20 (Sp. Sess.), § 14, eff. March 10, 1964; amended 1967, No. 209 , § 6, eff. April 17, 1967; 2019, No. 131 (Adj. Sess.), § 266.

History

Revision note. Substituted "this chapter" for "this subchapter" in two places in subsec. (d) to correct an error in the reference.

Amendments--2019 (Adj. Sess.). Section amended generally.

Amendments--1967. Subsec. (a): Deleted "neighboring" and changed "in subsection (b) of this section" to "in subsections (b) and (c) of this section".

§ 3355. Withdrawal from district.

A town which is a member of a consolidated water district may vote to withdraw from said district if one year has elapsed since said district has become a body politic and corporate as provided in section 3342 of this title and if said consolidated water district has not voted to bond itself for construction or improvements.
When a majority of the voters of a town present and voting at a town meeting duly warned for that purpose shall vote to withdraw from a consolidated water district such vote shall thereupon be certified by the clerk of the town to the Secretary of State who shall thereupon record such certificate in his or her office, and the membership of the withdrawing town in the consolidated water district to be at an end as of December 31 immediately following or as soon thereafter as the obligations of said withdrawing district as incurred under this chapter have been paid to the district.
A vote of withdrawal taken after a consolidated water district has become a body politic and corporate as provided in section 3342 of this title but less than one year after said date shall be null and void. A vote of withdrawal from a consolidated water district taken after said district has voted to bond itself for construction or improvements shall be null and void.
1964, No. 20 (Sp. Sess.), § 15, eff. March 10, 1964.

CHAPTER 93. STATE AID

Sec.

§§ 3371-3385. Repealed. 1971, No. 97, § 6, eff. April 22, 1971.

History

Former §§ 3371-3379. Former §§ 3371-3379, relating to state aid for municipal water supply systems, were derived from 1967, No. 87 ; 1965, No. 149 , §§ 1-7, 11. The subject matter is now covered by chapter 55 of Title 10.

CHAPTER 95. WATER MAINS AND SEWERS

Sec.

Cross References

Cross references. Extension of municipal sewer system, see § 1271 of Title 10.

Loans to municipalities for planning or construction of publicly-owned sewage systems, see § 4751 et seq. of this title.

§ 3401. Drainage adjacent to cities and incorporated villages.

In a town having a municipality within its limits, authorized by law to construct main sewers, drains, and outlets at the expense of the abutters or those interested, where a sewer, drain, or outlet will benefit those outside the limits of such municipality as well as those inside, upon petition of a majority of those interested in its construction, setting forth that they are liable to contribute towards its expense and that the public health and convenience demand it, the selectboard may join the proper officers of such municipality in laying out and constructing the same.

History

Source. V.S. 1947, § 3954. P.L. § 3808. 1933, No. 157 , § 3561. G.L. § 4857. P.S. § 4222. V.S. § 3652. 1890, No. 45 , § 1.

§ 3402. Construction; taking land.

With the proper officers of such municipality the selectboard shall cause the same to be constructed, and, for such purpose, may enter upon and construct the same upon private land under the same proceedings as are prescribed for the taking of lands by selectmen for highway purposes. They shall make return of their doings and of the damages awarded by them to the office of the town clerk to be there recorded.

History

Source. V.S. 1947, § 3955. P.L. § 3809. 1933, No. 157 , § 3562. G.L. § 4858. P.S. § 4223. R. 1906, § 4079. V.S. § 3653. 1890, No. 45 , § 2.

Cross References

Cross references. Taking lands by selectmen for highway purposes, see § 701 et seq. of Title 19.

ANNOTATIONS

Cited. United States v. Bouchard, 64 F.2d 482 (2d Cir. 1933); City of Vergennes v. State, 144 Vt. 146, 473 A.2d 1172 (1984).

§ 3403. Apportionment of expense.

When such sewer, drain, or outlet has been constructed, the selectboard and the same number selected by and from the proper officers of such municipality shall agree upon the proportion of expenses that shall be borne by those inside and those outside the limits of such municipality. In case of a disagreement, the decision of a majority shall be final.

History

Source. V.S. 1947, § 3956. P.L. § 3810. 1933, No. 157 , § 3563. G.L. § 4859. P.S. § 4224. V.S. § 3653. 1890, No. 45 , § 2.

§ 3404. Assessment of parties; notice.

When an agreement is made as to the amount that shall be paid by those outside the municipality, as provided in section 3403 of this title, the selectboard shall forthwith give notice to all real estate owners benefited by such sewer, drain, or outlet, when and where they will hear and determine the amount of expense to be borne by each party so benefited. Such notice may be delivered in writing to the party or served like a writ of summons.

History

Source. V.S. 1947, § 3957. P.L. § 3811. 1933, No. 157 , § 3564. G.L. § 4860. P.S. § 4225. V.S. § 3654. 1890, No. 45 , § 3.

§ 3405. Determination of amount; record; lien.

At such hearing, the selectboard shall assess each real estate owner outside such municipality benefited by the construction of such sewer, drain, or outlet, his or her proportion of the expense, according to frontage or the benefit received. When such assessment is made and signed by the selectboard or a majority of it, it shall be recorded in the office of the town clerk. When so recorded, it shall be a first lien except taxes and may be enforced, as a tax lien is enforced, upon the land described in the assessment until the same is paid.

History

Source. V.S. 1947, § 3958. P.L. § 3812. 1933, No. 157 , § 3565. G.L. § 4861. P.S. § 4226. V.S. § 3655. 1890, No. 45 , § 4.

§ 3406. Appeal; not to delay construction.

When a person is dissatisfied with the decision of the selectboard upon the question of the extent of or necessity for the taking of land for such sewer, drain, or outlet, or in the award of damages therefor or in any assessment for contribution, such person may petition to the Superior Court for a rehearing in the premises. Any number of persons aggrieved may join therein, but such petition shall not delay the laying or repairing of such sewer, drain, or outlet, where the same is for the reassessment of damages or contribution.

1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1973.

History

Source. V.S. 1947, § 3959. P.L. § 3813. G.L. § 4862. P.S. § 4227. R. 1906, § 4083. V.S. § 3656. 1890, No. 45 , § 5.

Amendments--1973 (Adj. Sess.). Substituted "superior court" for "county court".

ANNOTATIONS

1. Waiver of question.

Petitioner waived constitutional question as to validity of statute by failing to raise it in proceedings complained of, and by having commissioners appointed to increase his award of damages and accepting and retaining amount so awarded. Harwood v. Village of West Randolph, 82 Vt. 260, 72 A. 1076 (1909).

Cited. City of Vergennes v. State, 144 Vt. 146, 473 A.2d 1172 (1984).

§ 3407. Proceedings.

If for a rehearing upon the question of the extent of or public necessity for taking such land, or on the award of damages, such petition shall be served on the town clerk within 60 days after the return of the doings of the selectmen has been filed in such clerk's office and, if for a rehearing on the question of assessment, within 60 days after such assessment has been recorded in the office of the town clerk. Such proceedings shall be had on such petition as are provided in case of petitions or appeals from proceedings of the selectmen in taking lands for highway purposes, except as herein provided. The commissioners shall notify the town clerk of the time and place, when and where they will hear the matter. The Superior Court shall have power to make such order in regard to recognizance for costs as it deems necessary.

Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.

History

Source. V.S. 1947, § 3960. P.L. § 3814. 1933, No. 157 , § 3567. G.L. § 4863. P.S. § 4228. R. 1906, § 4084. V.S. § 3657. 1890, No. 45 , § 5.

Amendments--1973 (Adj. Sess.). Substituted "superior court" for "county court".

Cross References

Cross references. Taking lands by selectmen for highway purposes, see § 701 et seq. of Title 19.

ANNOTATIONS

Cited. City of Vergennes v. State, 144 Vt. 146, 473 A.2d 1172 (1984).

§ 3408. Collection.

When an assessment remains unpaid for the space of 30 days, the treasurer of the town shall issue a warrant for its collection directed to the collector of taxes, who shall have the same power to enforce the collection and shall proceed in the same manner as is provided by law for the collection of taxes.

History

Source. V.S. 1947, § 3961. P.L. § 3815. G.L. § 4864. P.S. § 4229. V.S. § 3658. 1890, No. 45 , § 6.

Cross References

Cross references. Collection of taxes, see § 4771 et seq. of Title 32.

§ 3409. Manner of assessment.

The proceedings, assessment, and collection of the proportion of expense to be paid by those within the limits of such municipality shall be in the same manner as is provided in their several charters.

History

Source. V.S. 1947, § 3962. P.L. § 3816. 1933, No. 157 , § 3569. G.L. § 4865. P.S. § 4230. V.S. § 3659. 1890, No. 45 , § 7.

§ 3410. Water mains and sewerage outside cities and villages.

When the public good and necessity require water mains, drains, sewers, or sewer outlets to be laid out so as to extend into a town outside the limits of a city or village, or when the public good and necessity require that water mains, drains, sewers, or sewer outlets so laid out, be altered or discontinued, the city, by its council, or the village, by its trustees, if the parties interested cannot agree as to the question of public necessity or damages, may apply by petition to the Superior Court of the county where the highways or lands lie that will be occupied or affected by such laying out, alteration, or discontinuance, for the appointment of commissioners to inquire into the necessity of such laying out, alteration, or discontinuance, and of taking or occupying highways or other lands, and as to the damages that will be sustained thereby.

1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.

History

Source. V.S. 1947, § 3963. P.L. § 3817. 1933, No. 157 , § 3570. G.L. § 4866. 1908, No. 85 , § 1.

Amendments--1973 (Adj. Sess.). Substituted "superior court" for "county court".

ANNOTATIONS

Analysis

1. Discontinuance.
2. Damages.

1. Discontinuance.

Section 5143 of this title, allowing utilities to disconnect only when the customer is in arrears on his or her service account, does not apply to a municipality wishing to discontinue its entire water system pursuant to this section. City of Vergennes v. State, 144 Vt. 146, 473 A.2d 1172 (1984).

2. Damages.

Nonresident users of municipal water system were not entitled to damages for the discontinuance of their water service under this section since provision for damages in this section was specifically appended to provision concerning the entry upon or taking of land for the discontinuance and there was to be no entrance upon or taking of land, but rather, the city was simply going to shut off the system at its source. City of Vergennes v. State, 144 Vt. 146, 473 A.2d 1172 (1984).

§ 3411. Service; commissioners.

The petition, with a citation, shall be served on the towns, corporations, or persons owning or interested in the highways or lands affected, either as abutting owners or otherwise, as a writ of summons requiring appearance to be made therein within 21 days from the date of service. Unless cause is shown to the contrary, the court shall appoint three disinterested freeholders as such commissioners.

History

Source. V.S. 1947, § 3964. 1945, No. 29 , § 39. P.L. § 3818. G.L. § 4867. 1908, No. 85 , § 2.

§ 3412. Notice; hearing; report; judgment.

The commissioners shall appoint a time and place for hearing and shall give at least 12 days' notice thereof to the clerk of the municipality and to all persons and municipalities owning or interested in the highways or lands. When they have completed their inquiries, they shall make report to the court. Upon hearing, the court may accept or reject the report in whole or in part, and, by its order, may establish, alter, or discontinue such water mains, drains, sewers, or sewer outlets, in whole or in part, may render judgment for such damages as may be sustained, may tax costs as appears just, and may issue execution for such damages and costs.

History

Source. V.S. 1947, § 3965. P.L. § 3819. 1933, No. 157 , § 3572. G.L. § 4868. 1908, No. 85 , § 3.

ANNOTATIONS

Cited. City of Vergennes v. State, 144 Vt. 146, 473 A.2d 1172 (1984).

§ 3413. Sewers in towns; powers of the selectboard; petition.

The selectboard of a town shall have the same authority to construct a sewer in a village in that town as is given by this chapter to selectboard of a town having a municipality within its limits. However, before acting, the selectboard shall receive a petition signed by 10 or more legal voters of such town asking them to construct a sewer or sewers in such village or an order of the State Board of Health authorizing them so to do.

Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961.

History

Source. V.S. 1947, § 3966. 1947, No. 202 , § 3988. P.L. § 3820. G.L. § 4869. 1908, No. 86 , § 1.

Amendments--1959 (Adj. Sess.). "State health commission" changed to "state board of health".

§ 3414. Hearing; assessment.

Upon receiving such petition, the selectboard shall give 10 days' notice of a hearing upon the public necessity for the construction of such sewer by posting notices to that effect in three public places in such village. When, after notice and hearing, the selectboard decide that the public good requires the construction of such sewer, they may proceed to construct the same at the expense of the town. They then shall notify all parties who will be benefited thereby to appear before them to be heard upon the apportionment of the cost of such sewer among those benefited, by giving to each of such persons a written notice of the time and place of such hearing, signed by a majority of the selectboard, which notice shall be given not less than 10 days before such hearing. All parties benefited by the construction of such sewer shall be assessed for the construction of the same according to the benefit received.

History

Source. V.S. 1947, § 3967. P.L. § 3821. 1933, No. 157 , § 3574. G.L. § 4870. 1908, No. 86 , § 2.

§ 3415. Taking land; proceedings.

The selectboard shall have the same powers in the taking of land for the construction of such sewer, in the assessment of damages therefor, in the assessment for benefits conferred and in all proceedings necessary for carrying out the provisions of this section and sections 3413 and 3414 of this title, as are conferred upon the selectboard by this chapter. The same right of appeal is hereby given to persons dissatisfied with the decision of the selectboard upon the question of the public necessity for taking land, the assessment of damages therefor, or the assessment of contribution for the construction of such sewer, as is given to such persons by this chapter.

History

Source. V.S. 1947, § 3968. P.L. § 3822. 1933, No. 157 , § 3575. G.L. § 4871. 1908, No. 86 , § 3.

CHAPTER 97. SEWAGE SYSTEM

Sec.

Cross References

Cross references. Extension of municipal sewer system, see § 1271 of Title 10.

Loans to municipalities for planning or construction of publicly-owned water supplies and water systems generally, see § 4751 et seq. of this title.

Sewage treatment plants, see § 1277 of Title 10.

ANNOTATIONS

Cited. Robes v. Town of Hartford, 161 Vt. 187, 636 A.2d 342 (1993).

§ 3501. Definitions.

The following words and phrases, as used in this chapter and in chapter 101 of this title, shall have the following meanings:

"Domestic sewage" or "house sewage" is sanitary sewage derived principally from dwellings, business buildings, and institutions.
"Industrial wastes" or "trade wastes" are liquid wastes from industrial processes, including suspended solids.
"Sanitary sewage" is used water supply commonly containing human excrement.
"Sanitary treatment" shall be an approved method of treatment of solids and bacteria in sewage before final discharge.
"Sewage" is the used water supply of a community, including such groundwater, surface, and stormwater as may or may not be mixed with these liquid wastes from the community.
"Sewage system" shall include such equipment, pipe line system, and facilities as are needed for and appurtenant to the treatment or disposal of sewage and waters, as defined herein, including a sewage treatment or disposal plant, as defined in section 3601 of this title, and separate pipe lines and structural or nonstructural facilities as are needed for and appurtenant to the treatment or disposal of storm, surface, and subsurface waters.
"Stormwater" or "storm sewage" shall have the same meaning as "stormwater runoff" under 10 V.S.A. § 1264 .
"Surface water" is water other than stormwater flowing on or over the surface of the ground.
Amended 2001, No. 109 (Adj. Sess.), § 7, eff. May 16, 2002; 2015, No. 158 (Adj. Sess.), § 28, eff. June 2, 2016.

History

Source. V.S. 1947, § 3969. 1947, No. 51 , § 1.

Amendments--2015 (Adj. Sess.). Subdiv. (7): Amended generally.

Amendments--2001 (Adj. Sess.) Introductory language: Inserted "and in chapter 101 of this title."

Subdiv. (5): Inserted "or may not" preceding "be mixed."

Subdiv. (6): Amended generally.

§ 3502. Powers.

A municipal corporation may construct, maintain, operate, and repair a sewage system and take, purchase, and acquire, in the manner hereinafter mentioned, real estate and easements necessary for its purposes, and enter in and upon any land for the purpose of making surveys, and lay pipes and sewers and connect the same as may be necessary to convey sewage and other waters to an outfall or treatment plant.

History

Source. V.S. 1947, § 3970. 1947, No. 51 , § 2.

Cross References

Cross references. Extension of sewer system, approval by water resources board required, see § 1271 of Title 10.

ANNOTATIONS

1. Discretion.

Construction and operation of sewage plant and system is discretionary within town; decision to extend system is likewise discretionary and remains with local government. Bryant v. Town of Essex, 152 Vt. 29, 564 A.2d 1052 (1989).

Adoption of town sewer allocation policy, including the way in which it set priorities among competing applicants for sewer units, was a municipal act involving judgment and discretion for which relief in the nature of mandamus was unavailable. Bryant v. Town of Essex, 152 Vt. 29, 564 A.2d 1052 (1989).

Cited. Kirchner v. Giebink, 150 Vt. 172, 552 A.2d 372 (1988).

§ 3503. Contracts for service.

Such municipal corporation may contract with the State, the federal government or any appropriate agency thereof, any town, city, or village, any corporation, and individuals to make disposal of domestic or stormwater sewage for such other town, city, village, corporation, or individuals.

History

Source. V.S. 1947, § 3971. 1947, No. 51 , § 3.

ANNOTATIONS

Cited. Kirchner v. Giebink, 150 Vt. 172, 552 A.2d 372 (1988).

§ 3504. Charges, enforcement.

The property owner or group of property owners using the sewage system shall be liable for the rent fixed as provided by sections 3507, 3615, and 3616 of this title. The charges, rates, or rents for such sewage system shall be a lien upon the real estate furnished with such service in the same manner and to the same effect as taxes are a lien upon real estate under 32 V.S.A. § 5061 and shall be an assessment enforceable under the procedures in subsections (b), (c), or (d) of this section, or a combination of these procedures.
When an assessment remains unpaid for a period of 30 days, the treasurer of the municipality may issue a warrant for its collection directed to the collector of taxes, who shall have the same power to enforce the collection and shall proceed in the same manner as provided by law for the collection of taxes under 32 V.S.A. chapter 133, subchapter 9.
When the ratepayer fails to render payment for a valid bill or charge within 30 days of the postmark on the bill or by the due date, the appointed and elected officials may proceed with collection of the delinquency as provided in chapter 129 of this title.
When an assessment remains unpaid for two years the municipal officials may proceed to enforce the lien as provided in 32 V.S.A. chapter 133, subchapter 8.
Amended 1983, No. 54 , § 1; 1987, No. 24 , § 1; 1989, No. 45 , § 1.

History

Source. V.S. 1947, § 3972. 1947, No. 51 , § 4.

Revision note. Reference to section "3610" of this title was changed to "3615" to conform to renumbering of such section.

Amendments--1989. Subsec. (a): Deleted "and" preceding "3615" and inserted "and 3616" thereafter in the first sentence and substituted "the procedures in subsections (b), (c) or (d)" for "subsection (b)" preceding "of this section" and added "or a combination of these procedures" thereafter in the second sentence.

Subsec. (b): Substituted "may" for "shall" following "municipality", deleted "and the enforcement of liens" preceding "under", and substituted "subchapter 9" for "subchapters 8 and 9" thereafter.

Subsec. (c): Added.

Subsec. (d): Added.

Amendments--1987. Subsec. (a): Rewrote the second sentence.

Subsec. (b): Substituted "and the enforcement of liens under subchapters 8 and" for "under subchapter" preceding "9 of chapter 133".

Amendments--1983. Substituted "enforcement" for "lien" in the section heading.

Subsec. (a): Designated and substituted "an assessment enforceable under subsection (b)" for "a lien upon the real estate furnished with such service in the same manner and to the same effect as taxes are lien upon real estate under section 5061 of Title 32" following "shall be" in the second sentence.

Subsec. (b): Added.

ANNOTATIONS

Cited. Kirchner v. Giebink, 150 Vt. 172, 552 A.2d 372 (1988).

§ 3505. Repealed. 1959, No. 207, § 3.

History

Former § 3505. Former § 3505 relating to acquisition of property and bonds, and was derived from V.S. 1947, § 3973; 1947, No. 51 , § 4.

§ 3506. Commissioners.

Except as provided for in subsection (b) of this section, the selectboard of a town, the trustees of a village, the prudential committee of a fire or lighting district, or the mayor and board of aldermen of a city, shall constitute a board of sewage system commissioners.
The legislative body of the municipality may vote to constitute a separate board of sewage system commissioners. Such board shall have not less than three nor more than seven members, who shall be legally qualified voters of the municipality. Members shall be appointed, and any vacancy filled, by the legislative body of the municipality. The term of each member shall be four years. Any member may be removed by the legislative body of the municipality for just cause after due notice and hearing. The legislative body may designate the board of sewage system commissioners as the board of sewage disposal commissioners provided for in section 3614 of this title.
Amended 1993, No. 91 , § 1.

History

Source. V.S. 1947, § 3974. 1947, No. 51 , § 6.

Amendments--1993. Designated the existing provisions of the section as subsec. (a), added "except as provided for in subsection (b) of this section" preceding "the selectmen" in that subsec., and added subsec. (b).

§ 3507. Duties.

Such sewage system commissioners shall have the supervision of such municipal sewage system and shall make and establish all needed rates for rent, with rules and regulations for its control and operation. Such commissioners may appoint or remove a superintendent at their pleasure. The rents and receipts for the use of such sewage system shall be used and applied to pay the interest and principal of the sewage system bonds of such municipal corporation, the expense of maintenance and operation of the sewage system, as well as dedicated fund payments provided for in section 3616 of this title.
When a rate established under this section for the management of stormwater is applied to property owned, controlled, or managed by the Agency of Transportation, the rate shall not exceed the highest rate category applicable to other properties in the municipality, and the Agency of Transportation shall receive a 35 percent credit on the rate. The Agency of Transportation shall receive no other credit on the rate from the municipal corporation.
Amended 1989, No. 45 , § 2; 2015, No. 158 (Adj. Sess.), § 30, eff. June 2, 2016.

History

Source. V.S. 1947, § 3975. 1947, No. 51 , § 7.

Amendments--2015 (Adj. Sess.). Added the subsec. (a) designation, and subsec. (b).

Amendments--1989. Deleted "as well as" following "corporation" and added "as well as dedicated fund payments provided for in section 3616 of this title" following "operation of the sewage system" in the third sentence.

ANNOTATIONS

Cited. Kirchner v. Giebink, 150 Vt. 172, 552 A.2d 372 (1988).

§ 3508. Construction.

Sections 3603-3610, 3613, 3615, 3617, and 3618 of this title, relating to entry on lands, compensation, record, bonds, rents, ordinances, and meetings are adopted as a part of this chapter as fully as though herein set forth.

Amended 1959, No. 207 , § 1.

History

Source. V.S. 1947, § 3976. 1947, No. 51 , § 8.

Revision note. References to sections "3603-3605", "3608", "3610", "3612" and "3613" of this title were changed to "3603-3610", "3613", "3615", "3617" and "3618" to conform references to renumbering of such sections.

Amendments--1959. Inserted reference to § 3608 and the word "bonds".

§ 3509. Sewers and plumbing; orders.

The sewage commissioners may require the owners of buildings, subdivisions, or developments abutting on a public street or highway to have all sewers from those buildings, subdivisions, or developments connected to the municipal corporation's sewage system.

Added 1989, No. 45 , § 3.

CHAPTER 99. ASSISTANCE FOR SEPARATION OF SEWERS

Sec.

§§ 3551-3560. Repealed. 1971, No. 97, § 6, eff. April 22, 1971.

History

Former §§ 3551-3560. Former §§ 3551-3560, relating to assistance for separation of sewers, were derived from 1967, No. 354 (Adj. Sess.). The subject matter is covered by chapter 55 of Title 10.

CHAPTER 101. SEWAGE DISPOSAL SYSTEM

Sec.

Cross References

Cross references. Loans to municipalities for sewage disposal plants, see § 4751 et seq. of this title.

ANNOTATIONS

1. Private cause of action.

In enacting 24 V.S.A. chapter 101, there was no legislative intent to create a private right of action based on a municipality's adoption of an ordinance. Oehler v. Pyskacek, 171 Vt. 538, 758 A.2d 786 (mem.) (2000).

Cited. Robes v. Town of Hartford, 161 Vt. 187, 636 A.2d 342 (1993).

§ 3601. Definitions.

The definitions established in section 3501 of this title shall establish the meanings of those words as used in this chapter, and the following words and phrases as used in this chapter shall have the following meanings:

"Necessity" means a reasonable need that considers the greatest public good and the least inconvenience and expense to the condemning party and to the property owner. Necessity shall not be measured merely by expense or convenience to the condemning party. Due consideration shall be given to the adequacy of other property and locations; to the quantity, kind, and extent of property that may be taken or rendered unfit for use by the proposed taking; to the probable term of unfitness for use of the property; to the effect of construction upon scenic and recreational values, upon home and homestead rights and the convenience of the owner of the land; to the effect upon town grand list and revenues.
"Board" means the board of sewage disposal commissioners.
The phrase "sewage treatment or disposal plant" shall include, for the purposes of this chapter, such plant, equipment, system, and facilities, whether structural or nonstructural, as are needful for and appurtenant to the treatment or disposal by approved sanitary methods of domestic sewage, garbage, industrial wastes, stormwater, or surface water.
1963, No. 214 , § 1; amended 2001, No. 109 (Adj. Sess.), § 8, eff. May 16, 2002.

History

Source. V.S. 1947, § 3977. 1947, No. 50 , § 1.

Revision note. Added subdiv. designations to conform section to V.S.A. style.

The first three paragraphs of this section, as enacted by 1963, No. 214 , § 1, were originally codified as § 3601a of this title. They were combined with this section as a more appropriate arrangement of subject matter.

Amendments--2001 (Adj. Sess.) Introductory language: Inserted "definitions established in section 3501 of this title shall establish the meanings of those words as used in this chapter, and the" preceding "following words and phrases".

Subsec. (3): Substituted "treatment or disposal" for "disposal" in two places, inserted "whether structural or nonstructual" and added "stormwater, or surface water."

§§ 3601a-3601f. [Renumbered.]

History

Revision note. Former § 3601a of this title, as added by 1963, No. 214 , § 1, was consolidated with § 3601 of this title.

Former §§ 3601b-3601f of this title, as added by 1963, No. 214 , §§ 2-6, were renumbered §§ 3603a-3603e [now §§ 3604-3608], as a more appropriate arrangement of subject matter.

§ 3602. Sewage disposal plant, construction.

A municipal corporation may construct, maintain, operate, and repair a sewage disposal plant and system, to take, purchase, and acquire, in the manner hereinafter mentioned, real estate and easements necessary for its purposes, may enter in and upon any land for the purpose of making surveys, may lay pipes and sewers, and connect the same as may be necessary to convey sewage for the purpose of disposing of sewage by such municipal corporation.

History

Source. V.S. 1947, § 3978. 1947, No. 50 , § 2.

ANNOTATIONS

1. Discretion.

Cited. Kirchner v. Giebink, 150 Vt. 172, 552 A.2d 372 (1988).

§ 3603. Entry on lands.

Such municipal corporation, for the purposes enumerated in section 3602 of this title, may enter upon and use any land and enclosures over or through which it may be necessary for pipes and sewer to pass, and may thereon at any time place, lay and construct such pipes and sewers, appurtenances, and connections as may be necessary for the complete construction and repairing of the same from time to time, may open the ground in any streets, lanes, avenues, highways, and public grounds for the purposes hereof; provided that such streets, lanes, avenues, highways, and public grounds shall not be injured, but shall be left in as good condition as before the laying of such pipes and sewers.

History

Source. V.S. 1947, § 3979. 1947, No. 50 , § 3.

§ 3604. Petition for hearing to determine necessity.

The municipal corporation may agree with all the owners of land or interest in land affected by the survey made under section 3602 of this title for the conveyance of their interest. Where such agreement is not made, the board shall petition a Superior judge, setting forth therein that such board proposes to take certain land, or rights therein, and describing such lands or rights, and the survey shall be annexed to said petition and made a part thereof. Such petition shall set forth the purposes for which such land or rights are desired, and shall contain a request that such judge fix a time and place when he or she or some other Superior judge will hear all parties concerned and determine whether such taking is necessary.

1963, No. 214 , § 2.

History

Prior law. 24 V.S.A. § 3603a.

§ 3605. Hearing to determine necessity.

The judge to whom such petition is presented shall fix the time for hearing, which shall not be more than 60 nor less than 30 days from the date he or she signs such order. Likewise, he or she shall fix the place for hearing, which shall be the county courthouse or any other convenient place within the county in which the land in question is located. If the Superior judge to whom such petition is presented cannot hear the petition at the time set therefore he or she shall call upon the Administrative Judge to assign another Superior judge to hear such cause at the time and place assigned in the order.

1963, No. 214 , § 3.

History

Revision note. Substituted "administrative judge" for "chief superior judge" in the third sentence in light of changes made by 1979, No. 181 (Adj. Sess.).

Prior law. 24 V.S.A. § 3603b.

§ 3606. Service and publication of petition.

A copy of the petition together with a copy of the court's order fixing the time and place of hearing shall be published in a newspaper having general circulation in the town in which the land included in the survey lies once a week for three consecutive weeks on the same day of the week, the last publication to be not less than five days before the hearing date, and a copy of the petition, together with a copy of the court's order fixing the time and place of hearing, and a copy of the survey shall be placed on file in the clerk's office of the town. The petition, together with the court's order fixing the time and place of hearing, shall be served upon each person owning or having an interest in land to be purchased or condemned like a summons, or, on absent defendants, in such manner as the Supreme Court may by rule provide for service of process in civil actions. If the service on any defendant is impossible, upon affidavit of the sheriff, deputy sheriff, or constable attempting service, therein stating that the location of the defendant within or without the State is unknown and that he or she has no known agent or attorney in the State of Vermont upon which service may be made, the publication herein provided shall be deemed sufficient service on the defendant. Compliance with the provisions hereof shall constitute sufficient service upon and notice to any person owning or having any interest in the land proposed to be taken or affected.

1963, No. 214 , § 4; amended 1971, No. 185 (Adj. Sess.), § 203, eff. March 29, 1972.

History

Amendments--1971 (Adj. Sess.). Rephrased and provided for service pursuant to rule.

Prior law. 24 V.S.A. § 3603c.

§ 3607. Hearing and order of necessity.

At the time and place appointed for the hearing, the court shall hear all persons interested and wishing to be heard. If any person owning or having an interest in land to be taken or affected appears and objects to the necessity of taking the land included within the survey or any part thereof, then the court shall require the board to proceed with the introduction of evidence of the necessity of such taking. The burden of proof of the necessity of the taking shall be upon the board. The court may cite in additional parties including other property owners whose interests may be concerned or affected by any taking of land or interest therein based on any ultimate order of the court. The court shall make findings of fact and file them. The court shall, by its order, determine whether necessity requires the taking of such land and rights and may modify or alter the proposed taking in such respects as to it may seem proper.

1963, No. 214 , § 5.

History

Prior law. 24 V.S.A. § 3603d.

§ 3608. Appeal from order of necessity.

If the State, municipal corporation, or any owner affected by the order of the court is aggrieved thereby, an appeal may be taken to the Supreme Court in such manner as the Supreme Court may by rule provide for appeals from Superior courts. In the event an appeal is taken, all proceedings shall be stayed until final disposition of the appeal. If no appeals are taken within the time provided therefor or, if appeal is taken, upon its final disposition a copy of the order of the court shall be placed on file within 10 days in the office of the clerk of each town in which the land affected lies and thereafter for a period of one year the board may institute proceedings for the condemnation of the land included in the survey as finally approved by the court without further hearing or consideration of any question of the necessity of the taking.

1963, No. 214 , § 6; amended 1971, No. 185 (Adj. Sess.), § 204, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.

History

Amendments--1973 (Adj. Sess.). Substituted "superior court" for "county court".

Amendments--1971 (Adj. Sess.). Rephrased and provided for service pursuant to rule.

Prior law. 24 V.S.A. § 3603e.

§ 3609. Compensation; condemnation.

When an owner of land or rights therein and the board are unable to agree on the amount of compensation therefor or in case the owner is an infant, a person who lacks capacity to protect his or her interests due to a mental condition or psychiatric disability, absent from the State, unknown, or the owner of a contingent or uncertain interest, a Superior judge may, on the application of either party, cause the notice to be given of the application as he or she may prescribe, and after proof thereof, may appoint three disinterested persons to examine the property to be taken, or damaged by the municipal corporation. After being duly sworn, the commissioners shall, upon due notice to all parties in interest, view the premises, hear the parties in respect to the property, and shall assess and award to the owners and persons so interested just damages for any injury sustained and make report in writing to the judge. In determining damages resulting from the taking or use of property under the provisions of this chapter, the added value, if any, to the remaining property or right therein that inures directly to the owner thereof as a result of the taking or use as distinguished from the general public benefit, shall be considered. The judge may thereupon accept the report, unless just cause is shown to the contrary, and order the municipal corporation to pay the same in the time and manner as the judge may prescribe, in full compensation for the property taken, or the injury done by the municipal corporation, or the judge may reject or recommit the report if the ends of justice so require. On compliance with the order, the municipal corporation may proceed with the construction of its work without liability for further claim for damages. In his or her discretion, the judge may award costs in the proceeding. Appeals from the order may be taken to the Supreme Court under 12 V.S.A. chapter 102.

Amended 1963, No. 214 , § 7; 2013, No. 96 (Adj. Sess.), § 155.

History

Source. V.S. 1947, § 3980. 1947, No. 50 , § 4.

Amendments--2013 (Adj. Sess.). Substituted "a person who lacks capacity to protect his or her interests due to a mental condition or psychiatric disability" for "insane" following "is an infant,", and made stylistic changes throughout the section.

Amendments--1963. Rephrased provision pertaining to inability to agree on price; added provision on direct benefit to remaining property in assessing damages; and added provision allowing appeals to supreme court.

Prior law. 24 V.S.A. § 3604.

§ 3610. Record.

Within 60 days after the taking of any property, franchise, easement, or right under the provisions of this chapter, such municipal corporation shall file a description thereof in the office of the clerk wherein land records are required by law to be kept.

History

Source. V.S. 1947, § 3981. 1947, No. 50 , § 5.

Prior law. 24 V.S.A. § 3605.

§ 3611. Contract for sewage disposal.

Such municipal corporation may contract with the State, the federal government, or any appropriate agency thereof, any town, city, or village, any corporation and individuals to make disposal of sewage for such other town, city, village, corporation, or individuals. Such municipal corporation may make sale of sludge or fertilizer byproducts incident to sewage disposal, and the proceeds from sale thereof shall be turned over to the treasury of such sewage disposal district and credited therein as is other income derived under the authority of this chapter.
A municipal corporation is authorized to enter into, with any contracting party or parties, contracts, leases, or lease-purchase agreements with respect to the construction, operation, and maintenance of sewage disposal plants. These contracts may be entered into for terms not to exceed 40 years or the useful life of the plant, whichever is less.
Amended 1983, No. 191 (Adj. Sess.), § 1.

History

Source. V.S. 1947, § 3982. 1947, No. 50 , § 6.

Amendments--1983 (Adj. Sess.). Designated existing provisions of section as subsec. (a) and added subsec. (b).

Prior law. 24 V.S.A. § 3606.

ANNOTATIONS

1. Statute not violated.

Cited. Handy v. City of Rutland, 156 Vt. 397, 598 A.2d 114 (1990).

§ 3612. Charges; enforcement.

The owner of any tenement, house, building, or lot shall be liable for the sewage disposal charge as hereinafter defined. Such sewage disposal charge shall be a lien upon the real estate furnished with such service in the same manner and to the same effect as taxes are a lien upon real estate under 32 V.S.A. § 5061 and shall be an assessment enforceable under the procedures in subsections (b), (c), or (d) of this section, or a combination of these procedures.
When an assessment remains unpaid for a period of 30 days, the treasurer of the municipality may issue a warrant for its collection directed to the collector of taxes, who shall have the same power to enforce the collection and shall proceed in the same manner as provided by law for the collection of taxes under 32 V.S.A. chapter 133, subchapter 9.
When the ratepayer fails to render payment for a valid bill or charge within 30 days of the postmark on the bill or on the due date, the appointed and elected municipal officials may proceed with collection of the delinquency as provided in chapter 129 of this title.
When an assessment remains unpaid for two years, the municipal officials may proceed to enforce the lien as provided in 32 V.S.A. chapter 133, subchapter 8.
Amended 1983, No. 54 , § 2; 1987, No. 24 , § 2; 1989, No. 45 , § 4.

History

Source. 1949, No. 86 , § 1. V.S. 1947, § 3983. 1947, No. 50 , § 7.

Amendments--1989. Subsec. (a): Substituted "the procedures in subsections (b), (c) or (d)" for "subsection (b)" preceding "of this section" and added "or a combination of these procedures" thereafter in the second sentence.

Subsec. (b): Substituted "may" for "shall" following "municipality", deleted "and the enforcement of liens" preceding "under", and substituted "subchapter 9" for "subchapters 8 and 9" thereafter.

Subsec. (c): Added.

Subsec. (d): Added.

Amendments--1987. Subsec. (a): Rewrote the second sentence.

Subsec. (b): Substituted "and the enforcement of liens under subchapters 8 and" for "under subchapter" preceding "9 of chapter 133".

Amendments--1983. Substituted "enforcement" for "lien" in the section heading.

Subsec. (a): Designated existing provisions of section as subsec. (a), substituted "an assessment enforceable under section (b)" for "a lien upon such real estate in the same manner and to the same effect as taxes are a lien upon real estate under section 5061 of Title 32" following "shall be" in the second sentence and added subsec. (b).

Prior law. 24 V.S.A. § 3607.

ANNOTATIONS

1. Limitations period .

The limitations period of 32 V.S.A. § 5292(a) did not apply in action by a company seeking a refund for sewer bill overpayments it made to a city. Brookside Memorials, Inc. v. Barre City, 167 Vt. 558, 702 A.2d 47 (mem.) (1997).

Cited. West v. Village of Morrisville, 563 F. Supp. 1101 (D. Vt. 1983), vacated, 728 F.2d 130 (2d Cir. 1984).

§ 3613. Taxes, bonds.

For the purpose of adequately making disposal of sewage within its boundaries, successfully organizing, establishing, and operating its sewage plant, sewage disposal plant, or some form of sewage treatment plant, and making such improvements as may be necessary, a municipal corporation may from time to time: purchase, take, and hold real and personal estate; borrow money; levy, and collect taxes upon the ratable estate of the municipal corporation necessary for the payment of municipal corporation sewage and sewage disposal expenses and indebtedness; issue for the purposes hereof evidences of indebtedness pursuant to chapter 53, subchapter 2 of this title or its negotiable bonds pursuant to chapter 53, subchapter 1 of this title, provided, however, that bonds so issued (1) shall not be considered as indebtedness of such municipal corporation limited by the provisions of section 1762 of this title, (2) may be paid in not more than 30 years from the date of issue notwithstanding the limitation of section 1759 of this title, (3) may be authorized by a majority of all the voters present and voting on the question at a meeting of such municipal corporation held for the purpose pursuant to chapter 53, subchapter 1 of this title notwithstanding any provisions of general or special law which may require a greater vote, and may be so arranged that beginning with the first year in which principal is payable, the amount of principal and interest in any year shall be as nearly equal as is practicable according to the denomination in which such bonds or other evidences of indebtedness are issued notwithstanding other permissible payment schedules authorized by section 1759 of this title.

Amended 1959, No. 207 , § 2; 1961, No. 96 , eff. May 3, 1961; 1971, No. 166 (Adj. Sess.), § 2, eff. March 22, 1972.

History

Source. V.S. 1947, § 3984. 1947, No. 50 , § 8.

Revision note. References to chapter "47" and sections "1759" and "1758" of this title changed to chapter "53" and sections "1762" and "1759" to conform to renumbering of such chapter and sections.

Amendments--1971 (Adj. Sess.). Provided for equality of yearly principal and interest amounts payable.

Amendments--1961. Added, to the proviso, clause (3) relating to authorization of bonds by the voters.

Amendments--1959. Section amended generally.

Prior law. 24 V.S.A. § 3608.

ANNOTATIONS

Analysis

1. State property.
2. Legal entity.

1. State property.

State-owned property is not subject to sewage taxes under this section since it is not part of the ratable estate, but it is subject to sewage rents and charges under § 3615 of this title. 1964-66 Op. Atty. Gen. 211.

2. Legal entity.

Where corporation sought relief in nature of mandamus to require Village of Ludlow to accept for connection to the municipal sewage system the sewer lines of plaintiff corporation's condominium units located in the Town of Ludlow, separate legal entities were being dealt with, and therefore, village and town would be treated as such. Okemo Trailside Condominiums, Inc. v. Blais, 135 Vt. 500, 380 A.2d 84 (1977).

Cited. Kirchner v. Giebink, 150 Vt. 172, 552 A.2d 372 (1988).

§ 3614. Board of sewage disposal commissioners.

The selectboard of a town, the trustees of a village, the prudential committee of a fire or lighting district, or the mayor and board of aldermen of a city, shall constitute a board of sewage disposal commissioners.

History

Source. V.S. 1947, § 3985. 1947, No. 50 , § 9.

2019. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Prior law. 24 V.S.A. § 3609.

ANNOTATIONS

Cited. Kirchner v. Giebink, 150 Vt. 172, 552 A.2d 372 (1988); Handy v. City of Rutland, 156 Vt. 397, 598 A.2d 114 (1990).

§ 3615. Rents; rates.

Such municipal corporation, through its board of sewage disposal commissioners, may establish charges to be called "sewage disposal charges," to be paid at such times and in such manner as the commissioners may prescribe. The commissioners may establish annual charges separately for bond repayment, fixed operations and maintenance costs (not dependent on actual use), and variable operations and maintenance costs dependent on flow. Such charges may be based upon:
1. the metered consumption of water on premises connected with the sewer system, however, the commissioners may determine no user will be billed for fixed operations and maintenance costs and bond payment less than the average single family charge;
2. the number of equivalent units connected with or served by the sewage system based upon their estimated flows compared to the estimated flows from a single family dwelling however, the commissioners may determine no user will be billed less than the minimum charge determined for the single family dwelling charge for fixed operations and maintenance costs and bond payment;
3. the strength and flow where wastes stronger than household wastes are involved;
4. the appraised value of premises, in the event that the commissioners shall determine the sewage disposal plant to be of general benefit to the municipality regardless of actual connection with the same;
5. the commissioners' determination developed using any other equitable basis such as the number and kind of plumbing fixtures, the number of persons residing on or frequenting the premises served by those sewers, the topography, size, type of use, or impervious area of any premises; or
6. any combination of these bases, so long as the combination is equitable.
The basis for establishing sewer disposal charges shall be reviewed annually by sewage disposal commissioners. No premises otherwise exempt from taxation, including premises owned by the State of Vermont, shall, by virtue of any such exemption, be exempt from charges established hereunder. The commissioners may change the rates of such charges from time to time as may be reasonably required. Where one of the bases of such charge is the appraised value and the premises to be appraised are tax exempt, the commissioners may cause the listers to appraise such property, including State property, for the purpose of determining the sewage disposal charges. The right of appeal from such appraisal shall be the same as provided in 32 V.S.A. chapter 131. The Commissioner of Finance and Management is authorized to issue his or her warrants for sewage disposal charges against State property and transmit to the State Treasurer who shall draw a voucher in payment thereof. No charge so established and no tax levied under the provisions of section 3613 of this title shall be considered to be a part of any tax authorized to be assessed by the legislative body of any municipality for general purposes, but shall be in addition to any such tax so authorized to be assessed. Sewage disposal charges established in accord with this section may be assessed by the board of sewage disposal commissioners as provided in section 3614 of this title to derive the revenue required to pay pollution charges assessed against a municipal corporation under 10 V.S.A. § 1265 .
When a sewage disposal charge established under this section for the management of stormwater is applied to property owned, controlled, or managed by the Agency of Transportation, the charge shall not exceed the highest rate category applicable to other properties in the municipality, and the Agency of Transportation shall receive a 35 percent credit on the charge. The Agency of Transportation shall receive no other credit on the charge from the municipal corporation.
Amended 1959, No. 111 , eff. April 14, 1959; 1971, No. 97 , § 5, eff. April 22, 1971; 1973, No. 112 , § 8, eff. April 25, 1973; 1983, No. 195 (Adj. Sess.), § 5(b); 1989, No. 45 , § 5; 2001, No. 109 (Adj. Sess.), § 9, eff. May 16, 2002; 2015, No. 158 (Adj. Sess.), § 29, eff. June 2, 2016.

History

Source. 1949, No. 86 , § 2. V.S. 1947, § 3986. 1947, No. 50 , § 10.

Revision note. At the beginning of the seventh sentence, substituted "commissioner of finance and management" for "commissioner of finance and information support" in light of Executive Order No. 35-87, which provided for the abolition of the department of finance and information support and the transfer of the duties, responsibilities and authority of the commissioner of finance and information support to the commissioner of the department of finance and management as established by the order. By its own terms, Executive Order No. 35-87 shall take effect on July 1, 1987, pursuant to section 2002 of Title 3. For the text of Executive Order No. 35-87, see chapter 3 of Title 3 Appendix. Executive Order No. 35-87, which this note refers to, was revoked and rescinded by E.O.06-05 (No. 3-46).

References to sections "3608" and "3609" of this title changed to "3613" and "3614" to conform to renumbering of such sections.

Substituted "finance director" for "auditor of accounts" pursuant to 1959, No. 328 (Adj. Sess.), § 8(b).

Substituted "commissioner of finance" for "finance director" to conform reference to new title and reorganization of state government. See § 2201 et seq. of Title 3.

Amendments--2015 (Adj. Sess.). Added the subsec. (a) and (b) designations; in subsec. (a) in the second sentence, substituted "costs" for "cost"; and added subsec. (c).

Amendments--2001 (Adj. Sess.) In the third sentence, in (2), inserted "or served by" before "the sewage system" and in (5) inserted "the" before "number of persons" and added "the topography, size, type of use, or impervious area of any premises". In the ninth sentence, substituted "his or her" for "his".

Amendments--1989. Added the second sentence, rewrote the third sentence, added the fourth sentence, and deleted the twelfth and thirteenth sentences.

Amendments--1983 (Adj. Sess.). Substituted "commissioner of finance and information support" for "commissioner of finance".

Amendments--1973. Added provisions relating to charging for treatment of industrial wastes.

Amendments--1971. Added provisions relating to assessment of sewage charges to provide funds for payment of pollution charges.

Amendments--1959. Added provision as to appraisal and taxation of state and other exempt property, and provided for appeal.

Prior law. 24 V.S.A. § 3610.

ANNOTATIONS

Analysis

1. State property.
2. Sewer connection charges.
3. Nonresident customers.
4. Equitable basis.
4.5. Standard is equity.
5. Actual use.
6. Development use.

1. State property.

State-owned property is not subject to sewage taxes under § 3613 of this title since it is not part of the ratable estate, but it is subject to sewage rents and charges under this section. 1964-66 Op. Atty. Gen. 211.

2. Sewer connection charges.

Although the basis upon which a municipality may fix sewer rates is an appropriate issue for judicial review since the terms of contracts in which municipalities set sewer rates for nonresident customers are enforceable only if the rates are in compliance with applicable law which does not distinguish between resident and nonresident sewer customers, and requires that rates be fair, equitable and reasonable. Handy v. City of Rutland, 156 Vt. 397, 598 A.2d 114 (1990).

One-time sewer connection charges were special assessments, not rates or rents. Kirchner v. Giebink, 150 Vt. 172, 552 A.2d 372 (1988).

3. Nonresident customers.

The reasonableness of a city's extraterritorial sewer rates is an appropriate issue for judicial review since the terms of contracts in which municipalities set sewer rates for nonresident customers are enforceable only if the rates are in compliance with applicable law which does not distinguish between resident and nonresident sewer customers, and requires that rates be fair, equitable and reasonable. Handy v. City of Rutland, 156 Vt. 397, 598 A.2d 114 (1990).

4. Equitable basis .

Sewage impact fee which affected only new residential structures and existing residential structures requiring additional demand for sewage services was not inequitable because it did not treat all residents equally; asking those who would impose new or additional demands on town's sewage system to pay for expansion was reasonably related to regulatory purpose of required planning for sewage system expansion. Robes v. Town of Hartford, 161 Vt. 187, 636 A.2d 342 (1993).

4.5. Standard is equity.

Statute governing sewer rates gives municipalities broad discretion to consider factors other than actual use in setting municipal sewage disposal rates. The statutory standard the charges must meet is that the charges are equitable. Vt. N. Props. v. Village of Derby Ctr., 197 Vt. 130, 102 A.3d 1084 (2014).

5. Actual use.

Town had statutory authority to impose sewage impact fee on new developments to finance future expansion of town's sewage capacity, even though sewage charges were not based on actual use. Robes v. Town of Hartford, 161 Vt. 187, 636 A.2d 342 (1993).

6. Development use.

Given the findings that a village was close to its maximum wastewater capacity, and that the rate structure was applied in a uniform and nondiscriminatory manner, charging a developer the same rate for used and reserved wastewater capacity was not inequitable. Furthermore, the developer's "use" of the capacity in the form of holding it in reserve drove the village's costs and need for expansion just as if the developer was actually using the wastewater disposal system. Vt. N. Props. v. Village of Derby Ctr., 197 Vt. 130, 102 A.3d 1084 (2014).

§ 3616. Duties; use of proceeds.

Such sewage disposal commissioners shall have the supervision of such municipal sewage disposal department, and shall make and establish all needful rates for charges, rules, and regulations for its control and operation including the right to require any individual, person, or corporation to connect to such municipal system for the purposes of abating pollution of the waters of the State. Such commissioners may appoint or remove a superintendent at their pleasure. The charges and receipts of such department shall only be used and applied to pay the interest and principal of the sewage disposal bonds of such municipal corporation as well as the expense of maintenance and operation of the sewage disposal department or other expenses of the sewage system. These charges and receipts also may be used to develop a dedicated fund that may be created by the commissioners to finance major rehabilitation, major maintenance, and upgrade costs for the sewer system. This fund may be established by an annual set-aside of up to 15 percent of the normal operations, maintenance, and bond payment costs, except that with respect to subsurface leachfield systems, the annual set-aside may equal up to 100 percent of these costs. The fund shall not exceed the estimated future major rehabilitation, major maintenance, or upgrade costs for the sewer system. Any dedicated fund shall be insured at least to the level provided by FDIC and withdrawals shall be made only for the purposes for which the fund was established. Any such dedicated fund may be established and controlled in accord with section 2804 of this title or may be established by act of the legislative body of the municipality. Funds so established meet the requirements of subdivision 4756(a)(4) of this title. Where the municipal legislative body establishes such a fund, it shall first adopt a municipal ordinance authorizing and controlling such funds. Such ordinance and any local policies governing the funds must conform to the requirements of this section.

Amended 1967, No. 181 , § 3, eff. April 17, 1967; 1989, No. 45 , § 6; 2003, No. 115 (Adj. Sess.), § 81, eff. Jan. 31, 2005.

History

Source. 1953, No. 69 . 1949, No. 86 , § 3. V.S. 1947, § 3987. 1947, No. 50 , § 11.

Reference in text. - 2007. The Federal Deposit Insurance Corporation (FDIC), referred to in this section, is codified as 12 U.S.C. § 1811.

Revision note. Substituted " § 4756(a)(4)" for " § 4756(4)" to correct an error in the reference.

Amendments--2003 (Adj. Sess.). Deleted "when the Vermont water resources board under chapter 47 of Title 10 has issued its report and findings fixing the classification of the waters and requiring municipal collection and treatment of waste" following "waters of the state" in the first sentence.

Amendments--1989. Added the fourth through eleventh sentences.

Amendments--1967. Added provisions relating to water pollution.

Prior law. 24 V.S.A. § 3611.

ANNOTATIONS

1. Unspecified future expense.

Town had statutory authority to use of proceeds of sewage impact fee on unspecified future expenditures; use of proceeds was not limited solely to operating expenses or expenses already incurred. Robes v. Town of Hartford, 161 Vt. 187, 636 A.2d 342 (1993).

Cited. Kirchner v. Giebink, 150 Vt. 172, 552 A.2d 372 (1988).

§ 3617. Ordinances.

Such municipal corporation shall have the power to make, establish, alter, amend, or repeal ordinances, regulations, and bylaws relating to the matters contained in this chapter, consistent with law, and to impose penalties for the breach thereof, and enforce the same.

History

Source. V.S. 1947, § 3988. 1947, No. 50 , § 12.

Prior law. 24 V.S.A. § 3612.

ANNOTATIONS

1. Private cause of action.

§ 3618. Meetings; vote.

Any action taken by such municipal corporation under the provisions of this chapter or relating to the matters therein set forth, may be taken by vote of the legislative body of such municipal corporation, excepting the issuance of bonds and, in municipalities wherein such body is not otherwise given the power to levy taxes, the levying of a tax under section 3613 of this title; provided, however, that no action shall be taken hereunder unless the construction of a sewage disposal plant shall have first been authorized by majority vote of the legal voters of such municipal corporation attending a meeting duly warned and holden.

History

Source. 1949, No. 86 , § 4. V.S. 1947, § 3989. 1947, No. 50 , § 13.

Revision note. Substituted "action" for "section" preceding "taken by" to correct an apparent typographical error.

Reference to section "3608" of this title changed to "3613" to conform to renumbering of such section.

Prior law. 24 V.S.A. § 3613.

ANNOTATIONS

1. Expansion of sewage facility.

Agreement between town and developer regarding expansion of town sewage facility did not contemplate "construction of a sewage disposal plant" requiring voter approval under this section. Kirchner v. Giebink, 150 Vt. 172, 552 A.2d 372 (1988).

§§ 3619-3624. Repealed. 1971, No. 97, § 6, eff. April 22, 1971.

History

Former §§ 3619-3624. Former §§ 3619-3624, relating to state aid for sewage disposal systems, were derived from 1957, No. 293 , §§ 1, 3-7 and amended by 1959, No. 128 , § 2; 1961, No. 100 , § 2; 1964, No. 17 (Spec. Sess.); 1965, No. 167 , §§ 2, 4; 1966, No. 47 (Spec. Sess.); 1967, No. 193 , §§ 1, 2. The subject matter is now covered by chapter 55 of Title 10.

§ 3625. Allocation of sewage capacity.

When capacity under an original or amended discharge permit under 10 V.S.A. § 1263 is or has been granted to any municipality, as defined in 1 V.S.A. § 126 , except existing town school districts or incorporated school districts, that capacity shall be allocated, in a manner consistent with a municipality's obligation to its bondholders to establish rates and apply the proceeds as set forth in section 3616 of this title, pursuant to one of the following, whether in the form as adopted, or as later amended:
1. An ordinance adopted under sections 1972 and 1973 of this title. This ordinance may authorize the municipality to include, in any specific allocation, phasing provisions and other conditions intended to implement provisions of a municipal plan adopted under section 4385 of this title or bylaws adopted under section 4442 of this title.
2. Bylaws adopted under section 4442 of this title.
3. Interim bylaws adopted under section 4415 of this title.
Until an ordinance, interim bylaw, or bylaw for allocation of capacity is adopted by a municipality that grants zoning permits pursuant to the provisions of section 4449 of this title:
1. Capacity may be allocated in amounts not to exceed 6,500 gallons per day, per recipient, and only upon granting of such a permit.
2. Capacity allocated in conjunction with a permit granted pursuant to the provisions of section 4443 of this title shall revert to the municipality if the permit recipient has failed to initiate construction within one year of the issuance of the permit or has failed to complete construction within three years of the issuance of the permit. At the end of the three-year period, the reserve capacity associated with any unconstructed portion of the project, as determined by the legislative body of the municipality, shall revert to the issuing municipality unless that municipality has specifically required that construction proceed over a period longer than three years.
3. The legislative body of the municipality shall make the final determination with respect to whether construction has been initiated or completed.
Until an ordinance for allocation of capacity is adopted by a municipality that does not grant zoning permits pursuant to the provisions of section 4449 of this title:
1. Capacity may be allocated only in amounts not to exceed 6,500 gallons per day, per recipient, and only upon granting of capacity by the municipal legislative body during a duly warned meeting.
2. Capacity allocated under this subsection shall revert to the municipality if the capacity recipient has failed to initiate construction within one year of the issuance of the allocation or has failed to complete construction within three years of the issuance of the allocation. At the end of the three-year period, the reserve capacity associated with any unconstructed portion of the project, as determined by the legislative body of the municipality, shall revert to the issuing municipality unless that municipality has specifically required that construction proceed over a period longer than three years.
3. The legislative body of the municipality shall make the final determination with respect to whether construction has been initiated or completed.
When a municipality is not a town, city, or incorporated village, the towns, cities, or incorporated villages in which the municipality is located shall allocate capacity within their corporate boundaries in accordance with the provisions of this section.
This section shall not apply to capacity that is committed or allocated before July 1, 1989. Capacity is committed by a town, city, incorporated village, or fire district when, following issuance of an original or amended discharge permit, formal action to commit is taken by the legislative body at a duly warned meeting. Capacity obtained by a municipality through an intermunicipal contract that existed on July 1, 1989, shall be treated as capacity granted to that municipality, and shall be distributed by that municipality according to the provisions of this section.
Added 1989, No. 116 , § 1; amended 2003, No. 63 , § 52, eff. June 11, 2003; 2019, No. 131 (Adj. Sess.), § 267.

History

Reference in text. Section 4404 of this title, referred to in subdivs. (a)(1) and (a)(2), was repealed by 2003, No. 115 (Adj. Sess.), § 119(c). See section 4404 of this title in the form it existed on June 30, 2004, and which may be relevant in this form to municipal regulations, ordinances or bylaws that existed on that date, but are to be superseded on September 1, 2011 according to the schedule appearing in 24 V.S.A. § 4481.

2007. In subdivs. (a)(1) and (a)(2), substituted "4442" for "4403 and 4404" in subdiv. (a)(3); substituted "4410" for "4415"; and in subdiv. (b)(2), substituted "4443" for "4449" to correct cross-references to other sections of the Vermont Statutes Annotated.

Revision note - The reference to "section 4443 of this title" in subsecs. (b) and (c) was changed to "section 4449 of this title" as that section now covers granting of zoning permits.

Substituted "July 1, 1989" for "the effective date of this act" in subsec. (e) for purposes of clarity.

Amendments--2019 (Adj. Sess.). Subdiv. (a)(3): Substituted "4415" for "4410".

Amendments--2003. Subsec. (a): Substituted "whether in the form as adopted, or as later amended" for "adopted and in effect by July 1, 1990" at the end of the sentence.

Subdiv. (a)(1): Added second sentence.

ANNOTATIONS

1. Applicability.

Statute pertaining to allocation of sewage capacity did not limit the amount lot buyers could have initially requested from a developer's allocation, which, by virtue of the fact that it was acquired in 1987, was not affected by the statute. A2, Inc. v. Chittenden Trust Co., 186 Vt. 530, 986 A.2d 252 (mem.) (2009).

CHAPTER 102. ON-SITE SEWAGE SYSTEMS

Sec.

§ 3631. Definition.

As used in this chapter:

"Sewage system" means an on-site sewage disposal system.
"Proper performance" means a sewage system which operates so as to:
1. prevent surfacing of sewage and the creation of a health hazard; and
2. prevent the pollution and contamination of drinking water supplies, groundwater, and surface water; and
3. maintain sanitary and healthful conditions during operation.
  Added 1983, No. 117 (Adj. Sess.), § 1.

ANNOTATIONS

Cited. Shepard v. Town of Castleton, 152 Vt. 587, 568 A.2d 383 (1989).

§ 3632. Standards for ordinances.

The Secretary of Natural Resources shall adopt by rule minimum standards for municipal ordinances regulating sewage systems.
The purpose of these standards shall be to achieve the proper performance of sewage systems.
The rules may contain recommended procedures for municipalities to use in considering applications for permits.
The rules shall contain standards and procedures for approving innovative sewage systems.
Added 1983, No. 117 (Adj. Sess.), § 1.

History

Revision note. At the beginning of subsec. (a), substituted "secretary of natural resources" for "secretary of environmental conservation" pursuant to 1987, No. 76 , § 18.

ANNOTATIONS

Cited. Shepard v. Town of Castleton, 152 Vt. 587, 568 A.2d 383 (1989).

§ 3633. Ordinance.

A municipality may adopt an ordinance under chapter 59 of this title relating to sewage systems.
The ordinance shall not take effect until it is approved by the Department of Environmental Conservation as being at least as stringent as the minimum standards under section 3632 of this title.
The ordinance shall describe the officer or officers, which may include the local health officer, responsible for its enforcement.
Municipal ordinances relating to sewage systems that were approved before July 1984 under 18 V.S.A. § 613 by the Board of Health shall remain in effect and shall be deemed to have been adopted and approved under this section. Municipal ordinances relating to sewage systems that were approved before July 1984 by the Commissioner of Health shall remain in effect until either the ordinance has been approved pursuant to this chapter or July 1, 2002, whichever occurs first.
Added 1983, No. 117 (Adj. Sess.), § 1; amended 1987, No. 76 , § 18; 1993, No. 180 (Adj. Sess.), § 3; 1997, No. 51 , § 4; 1997, No. 161 (Adj. Sess.), § 19a; 1999, No. 161 (Adj. Sess.), § 6.

History

Revision note. Inserted "of this title" following "chapter 59" in subsec. (a) and following "section 3632" in subsec. (b) to conform references to V.S.A. style.

Amendments--1999 (Adj. Sess.) Subsec. (d): Substituted "July 1, 2002" for "July 1, 2000" in the second sentence.

Amendments--1997 (Adj. Sess.). Subsec. (d): Substituted "July 1, 2000" for "July 1, 1998" near the end of the subsec.

Amendments--1997. Subsec. (d): Substituted "July 1, 1998" for "July 1, 1997" in the second sentence.

Amendments--1993 (Adj. Sess.). Subsec. (d): Inserted "by the board of health" following " § 613" in the first sentence and added the second sentence.

Amendments--1987. Subsec. (b): Substituted "department of environmental conservation" for "department of water resources and environmental engineering".

ANNOTATIONS

Analysis

1. Pollution.
2. Effect of noncompliance.
3. Grandfather clause.

1. Pollution.

Town could properly set standards in sewage ordinance to prevent future pollution, even though no more than the potential for pollution was presently evident. Shepard v. Town of Castleton, 152 Vt. 587, 568 A.2d 383 (1989).

2. Effect of noncompliance.

Consequence of failing to follow mandate of subsection (b) of this section in adopting municipal ordinance relating to sewage systems is that the ordinance provision "shall not take effect until it is approved by the department of environmental conservation." Richards v. Nowicki, 172 Vt. 142, 772 A.2d 510 (2001).

Effect of failure of town to obtain approval of department of environmental conservation of amendments to its septic ordinance was to leave the original ordinance in force, unamended. Richards v. Nowicki, 172 Vt. 142, 772 A.2d 510 (2001).

3. Grandfather clause.

Because subsection (d) of this section explicitly grandfathered older, noncomplying standards, indicating no preference between the older and newer standards, if the result of noncompliance with mandate of subsection (b) is that grandfathered standards are left in place, that result is fully consistent with legislative intent. Richards v. Nowicki, 172 Vt. 142, 772 A.2d 510 (2001).

Paragraph of town's septic ordinance stating in part that, "[i]n case of a conflict between their requirements and any other regulation, ordinance or statute applicable in [town], the more stringent shall apply" did not require selectmen to use more stringent state minimum standards, rather than those contained in the ordinance itself, because, by virtue of subsection (d) of this section, explicitly making pre-existing ordinance the applicable standard, there were no applicable state standards different from those stated in the ordinance. Richards v. Nowicki, 172 Vt. 142, 772 A.2d 510 (2001).

§ 3634. Permit.

An ordinance under this chapter shall require a permit for the installation or replacement of sewage systems.

Added 1983, No. 117 (Adj. Sess.), § 1.

ANNOTATIONS

Cited. Shepard v. Town of Castleton, 152 Vt. 587, 568 A.2d 383 (1989).

§ 3635. Limitation.

Nothing in this chapter or in any ordinance relieves any person of obligations under the law for the proper performance of a sewage system.

Added 1983, No. 117 (Adj. Sess.), § 1.

CHAPTER 103. SEWAGE FACILITIES INCENTIVE GRANTS

Sec.

§§ 3651-3656. Repealed. 1971, No. 97, § 6, eff. April 22, 1971.

History

Former §§ 3651-3656. Former §§ 3651-3656, relating to sewage facilities incentive grants, were derived from 1965, No. 139 , §§ 1, 3-7 and amended by 1967, No. 193 , § 3. The subject matter is now covered by chapter 55 of Title 10.

CHAPTER 105. CONSOLIDATED SEWER DISTRICTS

Sec.

Cross References

Cross references. Loans to municipalities for planning and construction of sewage systems, see § 4751 et seq. of this title.

ANNOTATIONS

Cited. Robes v. Town of Hartford, 161 Vt. 187, 636 A.2d 342 (1993).

§ 3671. Policy.

It is the policy of the State to authorize two or more contiguous towns or other municipal corporations to join together to establish a consolidated sewer district for the purpose of developing, acquiring, or improving a sewage system for the purpose of disposing of the sewage from the district.

1967, No. 318 (Adj. Sess.), § 1a, eff. March 22, 1968.

§ 3672. Definitions.

As used in this chapter, the following words and terms shall have the following meanings unless the context indicates another or different meaning or intent:
1. "Town" means any municipality within the meaning of 1 V.S.A. § 126 .
2. "Sewage system" includes such equipment, pipeline systems, and facilities as are needed for and appurtenant to the treatment or disposal of sewage and waters, including sewage treatment plants and separate pipelines and structural or nonstructural facilities as are needed for and appurtenant to the treatment or disposal of storm, surface, and subsurface waters, and all properties, rights, easements, and franchises relating thereto and deemed necessary or convenient by the sewer commission for the operation thereof.
3. "Sewage" means the used water supply of a community, including such groundwater, surface, and stormwater as may or may not be mixed with liquid wastes from the community.
4. "Stormwater" means the excess water from rainfall.
5. "Surface water" means water other than stormwater flowing or standing on or over the surface of the ground.
6. "Groundwater" means water existing beneath the surface of the ground.
7. "Improvements" means such repairs, replacements, additions, extensions, and betterments of and to a sewage system as are deemed necessary by the sewer commissioners to place or maintain such system in proper condition for its safe, efficient, and economic operation or to meet requirements for service in such areas which may be served by the district and for which no existing service is being rendered.
8. "Costs" as applied to a sewage system include the purchase price of any such system, the cost of construction, the cost of all labor, materials, machinery, and equipment, the cost of improvements, the cost of all lands, property, rights, easements, and franchises acquired, financing charges, interest prior to and during construction and, if deemed advisable by the sewer commissioners for one year after completion of construction, cost of plans and specifications, surveys, and estimates of cost and of revenues, cost of engineering and legal services, and all other expenses necessary or incident to determining the feasibility or practicability of such construction.
A consolidated sewer district shall be deemed to be a municipality within the meaning of 1 V.S.A. § 126 .
1967, No. 318 (Adj. Sess.), § 1b, eff. March 22, 1968; amended 2001, No. 109 (Adj. Sess.), § 10, eff. May 16, 2002.

History

Revision note. Added subsec. and subdiv. designations to conform section to V.S.A. style.

Amendments--2001 (Adj. Sess.) Subdiv. (a)(2): Inserted "treatment or" preceding "disposal of sewage and waters", inserted "and structural or nonstructural facilities as are needed" following "separate pipelines", and inserted "and appurtenant to the treatment or disposal of" preceding "storm, surface, and subsurface waters".

Subdiv. (a)(3): Substituted "stormwater as may or may not be mixed" for "storm water as may be mixed".

ANNOTATIONS

Cited. Kirchner v. Giebink, 150 Vt. 172, 552 A.2d 372 (1988).

§ 3673. Organization and operation - Establishment of consolidated sewer district.

When a majority of the voters of each town of a proposed consolidated sewer district present and voting in each case by Australian ballot at a town meeting duly warned for that purpose for the same day and during the same hours that shall be at least eight consecutive hours shall vote to join with one or more neighboring towns as specified in the warning for the purpose of forming a consolidated sewer district as provided under this chapter, vote shall thereupon be certified by the clerk of each town to the Secretary of State; and when all towns proposed as members of the consolidated sewer district as specified in such vote shall have so affirmatively voted and the results thereon shall have been certified to the Secretary of State, the Secretary of State shall thereupon file the same in his or her office and shall send a written notice to the clerk of each town to be included in the consolidated sewer district that the requirements of this section have been met by each town in the said district. Upon the filing of such records in the Office of the Secretary of State, such consolidated sewer district shall become a body politic and corporate with the powers incident to a public corporation and such records shall be notice to all parties of the establishment of such consolidated sewer district with all the powers incident to such a district as herein provided; and such filing shall be prima facie evidence that the requirements for the creation of a consolidated sewer district as herein set forth have been fully complied with. A consolidated sewer district may sue and be sued and may hold and convey real estate and personal estate for the use of the district and shall have and may exercise the powers and be subject to the duties and obligations of a municipal corporation provided for in 10 V.S.A. chapter 55 and chapters 97 and 101 of this title so far as the same may be applicable and except as otherwise provided in this chapter.
A consolidated sewer district may enter into agreements with the State or federal government or any agency of either or any corporation, commission or board authorized by the State or federal government to grant or loan money to or otherwise assist in the financing of projects that a consolidated sewer district is authorized to carry out, and to accept grants and borrow money from any such agency, corporation, commission, or board, as may be necessary or desirable to carry out the purposes of this chapter.
1967, No. 318 (Adj. Sess.), § 2, eff. March 22, 1968; amended 1971, No. 97 , § 1, eff. April 22, 1971.

History

Amendments--1971. Subsec. (a): Added reference to chapter 37 of Title 10 and deleted reference to chapter 80 of this title.

Revision note. References to chapter "37" of Title 10, and chapters "77" and "79" of this title were changed to chapter "55" of Title 10 and chapters "97" and "101" of this title to conform references to renumbering of such chapters.

§ 3674. Organizational meeting.

Within 60 days after the Secretary of State has notified the clerks of the member towns that the requirements of section 3673 of this title have been met, the voters in such consolidated sewer district shall meet to organize the district. The meeting shall be warned by the chair of the legislative body of each town of the district or by a member designated by his or her respective board to act in the chair's stead, and shall state the day, hour, and place within the district where the meeting will be held and shall be posted in not less than six public places in the district including at least two public places within each member town thereof and shall be published three times in a newspaper circulating therein, the last publication to be at least six days previous to the day of the meeting. The meeting shall be called to order by the clerk of the town in which the meeting is held, whereupon a temporary presiding officer and clerk shall be elected from among the qualified voters. At the organizational meeting or an adjournment thereof, the district shall elect a moderator and a permanent clerk, shall determine the number of sewer commissioners constituting the board of sewer commissioners and shall elect a board of sewer commissioners, who shall be the legislative branch, a treasurer, and three auditors. All officers elected at the organizational meeting shall hold office until others are elected and qualified following the first annual meeting. The total number of sewer commissioners and the number from each member town may be agreed upon by the several member towns in advance of the organizational meeting or in the absence of such agreement shall be set by the organizational meeting at not less than three, including at least one from each member town. Sewer commissioners elected at the organizational meeting shall be elected from nominations made by the several member towns at their most recent annual or special meeting, if such nominations have been made. Sewer commissioners to serve on the board of sewer commissioners of the consolidated district following the first annual meeting shall be elected by the member towns at their own annual or special meetings. Such elections shall be by Australian ballot in those member towns which elect their respective legislative branches by Australian ballot. All other consolidated sewer district officers shall be elected by the consolidated district. When there is only one nominee for any of the aforementioned offices, the voters may, by acclamation, instruct an officer to elect the nominee by casting one ballot, and upon the ballot being cast the nominee shall be declared to be legally elected.
At the organizational meeting or at an adjournment thereof, the district may further authorize its board of sewer commissioners to pay any expense incurred by or on behalf of the district in the period between the date on which the member towns voted to join the district and the first annual meeting of the district. The word "expense" as used in this chapter shall include the cost of architects, surveyors, engineers, contractors, lawyers, or experts as well as current operating expenses to be incurred by the district from its organizational meeting until its first annual meeting. The district may authorize its board of sewer commissioners to borrow money pending receipt of payments from the member towns as hereinafter provided by the issuance of its notes or orders payable not later than one year from the date. At the organizational meeting the district shall further select a name for the district, determine compensation, if any, to be paid to its officers, determine the date on which its annual meeting shall be held (which shall not be earlier than October 1 or later than December 31), and adopt a seal. A certified copy of the vote designating the name of the consolidated sewer district shall be forthwith filed by the clerk of the district with the Secretary of State.
All district officers elected at an annual meeting and sewer commissioners elected by their constituent towns shall enter upon their duties on April 1 following their election, unless a different date is set at an annual meeting. A vacancy occurring in any district office caused by death, resignation, removal from the district, or incapacity of an officer to carry his or her duties, shall be temporarily filled by the board of sewer commissioners within 10 days after the vacancy occurs and until the date when the newly elected officers take office. The vacancy shall be filled at the next annual meeting of the district. The term of office of the sewer commissioners and the auditors shall be three years and all other officers one year. At the first annual meeting, the terms of office of the commissioners shall be divided by agreement; if possible by lot, if not, one-third expiring after one year, and one-third expiring after two years, or as nearly as may be. At the first annual meeting one auditor shall be elected for one year and one auditor for two years, and thereafter for three years or until their successors are chosen and qualified.
The fiscal year of a consolidated sewer district shall be the calendar year. If the change in the date of an annual meeting is to be made, a notice of the proposed change shall be inserted in the warning of the annual meeting.
1967, No. 318 (Adj. Sess.), § 3, eff. March 22, 1968.

History

Revision note. Substituted "section 3673 of this title" for "the preceding section" in the first sentence of subsec. (a) to conform reference to V.S.A. style.

§ 3675. Warnings of meeting.

Meetings shall be warned by the clerk, or in case of his or her inability to act, by a majority of the sewer commissioners, by posting a notice thereof, specifying the time, place, and business of the meeting, in not less than five public places in the district, including at least one public place in each member town, at least 10 days before the time therein specified and by causing the same to be published in a paper circulating in the district, the publication to be not less than 10 days before the date of the meeting, and the warning shall be recorded in the office of the clerk before being posted.
Any meeting called for the purpose of considering a bond issue shall be warned as provided for in chapter 53, subchapter 1 of this title.
The sewer commissioners shall have the same authority and obligation to warn or call meetings of the district as the selectboard members have to warn or call town meetings.
Added 1967, No. 318 (Adj. Sess.), § 4, eff. March 22, 1968.

History

2019. In subsec. (c), substituted "selectboard members" for "selectment" in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Revision note - Reference to chapter "47" of this title was changed to chapter "53" to conform reference to renumbering of such chapter.

§ 3676. Eligibility of voters.

Persons residing within the limits of the district, who are qualified voters in their town meetings, shall be voters in the district meeting. The moderator, clerk, and members of the board of sewer commissioners shall decide all questions as to the eligibility of a person to vote at a district meeting.

1967, No. 318 (Adj. Sess.), § 5, eff. March 22, 1968.

§ 3677. Check list.

The clerk of each town within a consolidated sewer district shall furnish to the clerk of the district, at the expense of the district, authenticated copies of the check lists of legal voters within the town as the same appears after revision of the check list before the last town meeting, annual or special, preceding the date of the district meeting, which check list shall control for the purposes of determining the voters eligible to vote at the district meeting. Whenever a matter, including bond issues under chapter 53, subchapter 1 of this title, is to be determined by ballot or voting machine, the regular polling places within the district shall be used.

1967, No. 318 (Adj. Sess.), § 6, eff. March 22, 1968.

History

Revision note. Reference to chapter "47" of this title was changed to chapter "53" to conform reference to renumbering of such chapter.

§ 3678. Record of proceedings.

The clerk shall keep a record of the votes and the proceedings of the district meetings and give certified copies thereof when required. A clerk who neglects to perform his or her duty shall forfeit $20.00 to the district, to be recovered in a civil action on this statute.

1967, No. 318 (Adj. Sess.), § 7, eff. March 22, 1968.

History

§ 3679. Finances - Sewer rates; application of revenue.

The board of sewer commissioners of a consolidated sewer district shall establish rates for the sewer service and all individuals, firms, and corporations whether private, public, or municipal shall pay to the treasurer of the district the rates established by the board. The manner of establishment of the rates shall be in accord with section 3615 of this title. The rates shall be so established as to provide revenue for the following purposes:
1. to pay current expenses for operating and maintaining the sewer system;
2. to provide for the payment of interest on the indebtedness created by the district;
3. to provide each year a sum equal to not less than two percent nor more than five percent of the entire indebtedness created or assumed by the district to pay for the cost of the sewer system and improvements thereto, which sum shall be used to pay indebtedness maturing in that year or turned into a sinking fund and there kept to provide for the extinguishment of indebtedness of the district;
4. if any surplus remains at the end of the year, it may be turned into the sinking fund or used to pay the cost of improvements to the sewer system.
The money set aside for the sinking fund and any increment thereon shall be devoted to the retirement of obligations of the district or invested in such securities as savings banks or fiduciaries or trustees are now or hereafter allowed to hold. The balance of revenue, if any, required to meet expenses shall be apportioned among and collected from member towns as herein provided.
When a rate established under this section for the management of stormwater is applied to property owned, controlled, or managed by the Agency of Transportation, the rate shall not exceed the highest rate category applicable to other properties in the municipality, and the Agency of Transportation shall receive a 35 percent credit on the rate. The Agency of Transportation shall receive no other credit on the rate from the consolidated sewer district.
Added 1967, No. 318 (Adj. Sess.), § 8, eff. March 22, 1968; amended 2015, No. 158 (Adj. Sess.), § 31, eff. June 2, 2016.

History

Revision note. Added subsec. designations to conform section to V.S.A. style.

Reference to section "3610" of this title was changed to section "3615" to conform reference to renumbering of such section.

Substituted "nor" for "or" following "not less than two percent" in subdiv. (a)(3) to correct a grammatical error.

Amendments--2015 (Adj. Sess.). Subsec. (c): Added.

§ 3680. Annual budget, apportionment, assessment, taxes.

The board of sewer commissioners of the district shall at each annual meeting present to the district its budget for the ensuing year, which shall include an estimate of the revenue from sewer rates and other sources, except taxes and the expenses for the ensuing year and the district shall appropriate such sum as it deems necessary for the expenses as are not disapproved (which disapproval may not include interest on or principal of any indebtedness created or assumed by the district), together with the amount required to pay any balance left unpaid from the preceding year as will not be met from the estimated revenues, expressing the sum in dollars in its vote. At its first annual meeting the district shall likewise vote a sum sufficient to pay any unpaid balance of expense, as defined in section 3674 of this title, which has been theretofore incurred by or on behalf of the district. Immediately following the annual meeting, the board of sewer commissioners shall compute the share of each member town in the sums so voted and give notice of the amount thereof to the legislative branch of each member town.
The expense of establishing, acquiring, maintaining, extending, improving, and operating a sewer system for a consolidated sewer district shall, insofar as the expense shall not be met from the proceeds of indebtedness or from sewer rates, rents or other charges received from the use of such sewer system, be divided among the member towns in accordance with a formula agreed to by the member towns by vote at an annual or special town meeting or in the absence of any such agreement as follows: two-thirds of such expense shall be divided in the proportion which the total sewage flow to the inhabitants of each member town of the district bears to the total sewage flow in all the member towns in the last preceding full calendar year of operation of the district and the balance of such expense (or all of such expense until the sewage system has been in operation for at least one full calendar year) shall be divided among the member towns in the proportion which the population of each member town according to the last rental census bears to the total population of the district.
The legislative branch of each member town shall, upon receipt of the notice of the share in the district expenses to be paid by the member town, assess upon the grand list of each member town, in addition to any tax previously voted thereon, a tax sufficient to raise the member town's share in the expenses. The additional tax as so assessed shall be collected as are other taxes of the member town and be deposited in the account of the member town. The legislative branch of the member town shall order the additional tax to be paid over to the treasurer of the district as collected by the twentieth of the month after the taxes become payable. If by the end of its fiscal year a member town has failed to collect and pay over to the treasurer of the district a sum sufficient to pay the member's share of the expenses of the district, the legislative branch of the member town shall assess a special tax of five percent on the grand list of the member town, or a multiple thereof as is necessary to make up the unpaid balance of the share, which special tax shall be collected as are other taxes of the member town. Upon the collection of the special tax, it shall be paid over to the treasurer of the district. If by the end of its fiscal year a member town fails to pay its share of the expenses of the district, or fails to make up a deficit therein from the preceding year as provided under this chapter, the board of sewer commissioners of the district may bring a civil action on this statute in the name of the district to recover from the member town twice the amount of the share of the member town that remains unpaid, and upon judgment may levy its execution against any of the real or personal property within the member town.
1967, No. 318 (Adj. Sess.), § 9, eff. March 22, 1968.

History

§ 3681. Special tax assessment for payment of execution.

When a demand is made upon the district for the payment of an execution issued against it and the district has no available funds to pay the same, the board of sewer commissioners shall compute the share of each member town in such execution, with costs, interest, and other charges, to be paid by it in accordance with the agreement among the member towns or the formula established in section 3679 of this title, and shall give notice of the amount thereof to the legislative branch of each member town. The member town through its proper officer shall forthwith pay to the treasurer of the district its share of the execution and any charges. If the member town has insufficient funds to pay its share, its legislative branch shall forthwith assess and have collected a tax sufficient to pay the same in the manner its other taxes are assessed and collected.

1967, No. 318 (Adj. Sess.), § 10, eff. March 22, 1968.

§ 3682. Debts and liabilities of member towns.

No debt or liabilities of a town that is a member of the district shall accrue against the district.

1967, No. 318 (Adj. Sess.), § 11, eff. March 22, 1968.

§ 3683. Tax exemption.

Property of a consolidated sewer district shall be exempt from all taxation by any town.

1967, No. 318 (Adj. Sess.), § 12, eff. March 22, 1968.

§ 3684. Indebtedness.

General obligations. A consolidated sewer district may incur indebtedness as provided by chapter 53, subchapter 1 of this title and by chapter 101 of this title for the purpose of paying the cost of a sewer system and improvements to the sewer system or for funding or refunding, including the payment of premium, any bonds or other evidences of indebtedness issued or assumed by the district. The limits on indebtedness in chapter 53 of this title or otherwise shall not apply to indebtedness incurred or assumed by a consolidated district for the purposes of this chapter.
Joint and several obligations. Obligations incurred under chapter 53, subchapter 1 of this title and chapter 101 of this title by a consolidated sewer district, shall be the joint and several obligations of the district and the member towns composing it. However, as among the member towns, their respective shares of the obligation shall be apportioned and paid in the manner provided in this chapter. Any joint or several liability incurred by a member town under this chapter shall not be considered in determining its debt limit for its separate purposes. Notwithstanding the limitations in sections 1755 and 1759 of this title, bonds or other evidences of indebtedness of a consolidated sewer district may be authorized by a majority of the voters present and voting on the question at a district meeting, may be paid in not more than 30 years from their date of issue, may be made callable at the option of the district with or without premium, and the serial maturities of those bonds or evidences of indebtedness may be so arranged that beginning with the first year in which principal is payable, the amount of principal and interest payable in any year shall be as nearly equal as is practicable according to the denominations in which the bonds or other evidences of indebtedness are issued.
Obligations payable solely from revenue. In addition to authority granted in this section, a consolidated sewer district may issue bonds or other evidences of indebtedness under chapter 53, subchapter 2 of this title. However, no such bonds payable solely from revenues shall be issued while the district has outstanding any bonds or other evidences of indebtedness for which the district and the member towns are jointly and severally liable as provided in this chapter, except notes or other evidences of indebtedness issued temporarily in anticipation of revenue.
Added 1967, No. 318 (Adj. Sess.), § 13, eff. March 22, 1968; amended 2019, No. 131 (Adj. Sess.), § 268.

History

Revision note. Designated the second paragraph of subsec. (a) as subsec. (b) and redesignated former subsec. (b) as (c) to conform section to V.S.A. style.

Inserted "of chapter 53" following "subchapter 1" in subsec. (b) for purposes of clarity.

Inserted "of this title" following "chapter 101" in subsec. (b) to conform reference to V.S.A. style.

References to chapters "47" and "79" and sections "1754" and "1758" of this title were changed to chapters "53" and "101" and sections "1755" and "1759" to conform references to renumbering of such chapters and sections.

Amendments--2019 (Adj. Sess.). Subsec. (a): Substituted "to the sewer system" for "thereto" in the first sentence.

Subsec. (b): Added the subsec. heading.

Subsec. (c): Deleted ", and any amendment thereof or addition thereto" at the end of the first sentence, in the second sentence, substituted "shall" for "may", deleted "herein" following "liable as" and inserted "in this chapter".

§ 3685. Changes in membership - Inclusion of additional towns.

When a majority of voters of a town, present and voting at a meeting duly warned for that purpose, shall vote to apply to a neighboring consolidated sewer district for admission as a member of the district, the vote shall thereupon be certified by the clerk of the town to the clerk of the consolidated sewer district and to the Secretary of State. Such vote and certification if accepted by the consolidated district within two years after the date of the vote shall be binding on the town without the subsequent vote in the town contemplated in subsection (b) of this section.
When it appears to the board of sewer commissioners that the boundaries of the consolidated sewer district should be changed to include another town, they may insert an article fully describing the proposed change in the warning for a regular or special meeting of the district, which proposed change shall state the number of additional members to be added to the board of sewer commissioners if such change is approved.
When a majority of the voters voting at such meeting vote to include an additional town within the boundaries of the consolidated sewer district as a member thereof, the board of sewer commissioners shall notify the legislative body of the additional town of the vote. Thereupon the legislative body of the additional town shall duly warn a meeting thereof, setting forth in such warning the vote of the consolidated sewer district and the proposed change in its boundaries. If a majority of the voters voting at the meeting of the additional town vote to be included within the district, the result of the vote and the result of the vote already taken by the consolidated sewer district shall be certified to the Secretary of State, who shall record the same in his or her office. A certificate of such record shall immediately be filed by the Secretary of State in the office of the clerk of the consolidated sewer district and of any additional town to be included therein as a member thereof, which filing shall be notice to all parties of the addition to the consolidated district.
The consolidated sewer district as so enlarged shall thereupon have all the powers and responsibilities given it by this chapter. Any vacancy on the board of sewer commissioners created as a result of the increase in the number thereof shall be filled as provided in section 3674 of this title. The additional member town shall share in the expenses of the district in the proportion provided in this chapter for other member towns from the date the certificate of the Secretary of State is filed in the office of the clerk of the district and the office of the clerk of the additional town.
1967, No. 318 (Adj. Sess.), § 14, eff. March 22, 1968.

§ 3686. Withdrawal from district.

A town that is a member of a consolidated sewer district may vote to withdraw from the district if one year has elapsed since the district has become a body politic and corporate as provided in section 3673 of this title and if the consolidated sewer district has not voted to bond itself for construction or improvements. Any vote to withdraw before the expiration date of one year or after the district has voted bonds or other form of long term obligation shall be null and void.
When a majority of the voters of a town present and voting at a town meeting duly warned for that purpose shall vote to withdraw from a consolidated sewer district, the vote shall thereupon be certified by the clerk of the town to the Secretary of State who shall thereupon record such certificate in his or her office, and the membership of the withdrawing town in the consolidated sewer district shall be at an end as of December 31 immediately following or as soon thereafter as the obligations of the withdrawing town as incurred under this chapter have been paid to the district.
1967, No. 318 (Adj. Sess.), § 15, eff. March 22, 1968.

§ 3687. Eligibility for State aid.

A consolidated sewer district formed under this chapter shall be eligible to receive State aid as provided in 10 V.S.A. chapter 55 and under the terms, conditions, and procedures set forth in these chapters.

1967, No. 318 (Adj. Sess.), § 16, eff. March 22, 1968; amended 1971, No. 97 , § 2, eff. April 22, 1971.

History

Revision note. Reference to chapter "37" of Title 10 was changed to chapter "55" to conform reference to renumbering of such chapter.

Amendments--1971. Substituted "chapter 37 of Title 10" for "chapters 79 and 80 of this title".

CHAPTER 107. FUEL AND ICE PLANTS

Sec.

§ 3701. Fuel and ice.

A municipality may establish and maintain a wood, coal, and fuel yard for the purpose of selling fuel at cost to its inhabitants. It may establish and maintain an ice plant for the purpose of manufacturing, cutting, and storing ice to sell to its inhabitants at cost.

History

Source. V.S. 1947, § 3799. P.L. § 3704. 1933, No. 157 , § 3477. 1919, No. 105 , § 1.

§ 3702. Ownership of property.

A municipality may acquire and hold for the purposes of section 3701 of this title, real and personal estate to the extent reasonably necessary to operate, equip, and maintain the business covered by said section.

History

Source. V.S. 1947, § 3800. P.L. § 3705. 1933, No. 157 , § 3478. 1919, No. 105 , § 2.

CHAPTER 109. FENCES AND FENCE VIEWERS

Sec.

History

Law review commentaries

Law review. Fence viewers and division fences in Vermont, see 8 Vt. L. Rev. 433 1983).

§ 3801. Sufficient fences.

Fences four and one-half feet high, in good repair and so constructed as to prevent the escape of sheep, and any natural barrier equivalent to such fence shall be deemed sufficient, except fences on the sides of highways that the owners of land are not bound to make and maintain. Occupied land bordering upon highways shall be deemed to be the enclosure of the owner or occupant. A person driving cattle, sheep, swine, or other stock upon a highway, and exercising reasonable care, shall not be liable for damages by reason of the escape of such animals into an enclosure adjoining the highway, unless the fence between the highway and the enclosure is a sufficient fence within the meaning of this section.

History

Source. V.S. 1947, § 3890. 1947, No. 202 , § 3912. P.L. § 3765. G.L. § 4764. P.S. § 4134. 1906, No. 112 , § 1. V.S. § 3567. R.L. § 3178. G.S. 102, § 1. 1860, No. 30 . 1853, No. 29 , § 1. R.S. 89, § 1. R. 1797, p. 360, § 1. R. 1787, p. 69.

ANNOTATIONS

Analysis

1. Lands bordering highways.
2. Particular cases.

1. Lands bordering highways.

Provision that owners of lands bordering upon highways need not fence lands along the highway does not apply to pent roads. Carpenter v. Cook, 67 Vt. 102, 30 A. 998 (1894).

2. Particular cases.

In a spite-fence case, the trial court did not apply the livestock-fencing statute or require plaintiffs to build a partition fence; rather, it merely used the livestock-fencing statute as a reference point for determining a reasonable height for a fence serving the legitimate purpose of marking the boundary. It was not improper for the trial court to consider the livestock-fencing statute, together with all other relevant factors, in determining the height of a reasonable fence under the circumstances. Obolensky v. Trombley, 198 Vt. 401, 115 A.3d 1016 (2015).

Provision that owners of lands bordering upon highways need not fence lands along the highway does not apply to pent roads. Carpenter v. Cook, 67 Vt. 102, 30 A. 998 (1894).

Cited. Choquette v. Perrault, 153 Vt. 45, 569 A.2d 455 (1989).

§ 3802. Maintenance.

Owners or occupants of adjoining lands, where the lands of both parties are occupied, shall make and maintain equal portions of the division fence between their respective lands. The owner of unimproved and unoccupied land adjoining occupied land of another person shall make his or her proportion of a fence between such lands unless the selectboard of the town where the improved land lies, on request of either party, and on reasonable notice by the selectboard to parties interested, decides that such owner ought not to be compelled to make any part of such fence. The decision of the selectboard in such case shall be recorded in the town clerk's office and shall be final between the parties. The selectmembers shall receive for their services the fees of fence viewers.

History

Source. V.S. 1947, § 3891. 1947, No. 202 , § 3913. P.L. § 3766. G.L. § 4765. P.S. § 4135. V.S. § 3568. R.L. § 3179. G.S. 102, §§ 2, 3, 4. 1860, No. 29 , § 1. 1857, No. 22 , § 2. 1853, No. 29 , §§ 2, 3. R.S. 89, § 10. R. 1797, p. 360, § 2. R. 1787, p. 69.

ANNOTATIONS

Analysis

1. Constitutionality.
2. Exemption.
3. Duty of tenant.

1. Constitutionality.

This section is unconstitutional as applied to persons who own no livestock; in such situations, the law is burdensome, arbitrary and confiscatory. Choquette v. Perrault, 153 Vt. 45, 569 A.2d 455 (1989).

Presumptively this section is constitutional since on its face it is not unreasonable, arbitrary or capricious, nor is it devoid of a public purpose. Choquette v. Perrault, 144 Vt. 218, 475 A.2d 1078 (1984).

Where this section provides that a property owner may petition the town selectmen for an administrative exemption from participating in the maintenance of a division fence, the possibility that the selectmen would act unreasonably, exceed their powers or ignore their duties under color of this section could not be considered by the supreme court in passing on the constitutionality of this section. Choquette v. Perrault, 144 Vt. 218, 475 A.2d 1078 (1984).

2. Exemption.

Where town fence viewers examined the fence line between the adjoining lands of the parties and designated which portion of it should be maintained by each, and plaintiffs brought suit to recover their expenses in maintaining a portion of the fence assigned to defendants, since defendants did not petition the selectmen for the exemption provided in this section, but rather, in defense to plaintiffs' action, claimed that this section was unconstitutional, it was premature action on the part of the trial court to rule that it was unconstitutional until defendants had exhausted the required administrative remedies. Choquette v. Perrault, 144 Vt. 218, 475 A.2d 1078 (1984).

3. Duty of tenant.

It is duty of farm tenant to make all needed current repairs on fences; and if they are not kept in lawful condition, it is his fault, and not the landlord's; and an action cannot be maintained against landlord by adjoining land owner, whose colt escaped through insufficient division fence, and strayed onto railroad track, and was there injured, even though fence was in same condition at time of accident as when tenant went into possession. Blood v. Spaulding, 57 Vt. 422 (1885).

§ 3803. When part of land unoccupied.

When the selectboard decides that the owner of the unoccupied land is not bound to make a part of the fence, the owner of the occupied land may make the whole or such part as is necessary to protect himself or herself. When the other owner occupies the adjoining land so as to be benefited by such fence, he or she shall pay to the person so making it, for his or her equal portion thereof, its value at the time.

History

Source. V.S. 1947, § 3892. P.L. § 3767. 1933, No. 157 , § 3420. G.L. § 4766. P.S. § 4136. V.S. § 3569. R.L. § 3180. G.S. 102, § 9. 1853, No. 29 , § 8. R.S. 89, § 19. R. 1797, p. 363, § 4. R. 1787, p. 69.

ANNOTATIONS

1. Effect of decision.

Decision of selectmen that one's land is wild and uncultivated, that he ought not to be compelled to build any part of division fence between him and contiguous owner, is binding on parties and final, until reversed by selectmen themselves. Miller v. Sanborn, 54 Vt. 522 (1881).

Cited. Choquette v. Perrault, 144 Vt. 218, 475 A.2d 1078 (1984); Choquette v. Perrault, 153 Vt. 45, 569 A.2d 455 (1989).

§ 3804. Pasturing land without division fence.

When the lands of two or more individuals are lying without division fence, neither party shall put horses, cattle, sheep, swine, or other animals thereon to pasture or to run at large, until they agree to occupy the lands without division fence and in common. When they cannot agree, upon application of either party and notice to the opposite party, the fence viewers shall determine the number of animals each party may put upon such lands. When recorded in the office of the town clerk, the decision of the fence viewers shall be final.

History

Source. V.S. 1947, § 3893. P.L. § 3768. 1933, No. 157 , § 3421. G.L. § 4767. P.S. § 4137. V.S. § 3570. R.L. § 3181. G.S. 102, § 7. 1857, No. 23 , § 1. 1850, No. 35 . 1847, No. 21 .

ANNOTATIONS

Cited. Choquette v. Perrault, 153 Vt. 45, 569 A.2d 455 (1989).

§ 3805. When fence cannot be made on line.

When the dividing line between lands is so situated that a fence cannot be made thereon by reason of water or otherwise, and the owners cannot agree on a place to make the same, either party may apply to the fence viewers. After giving reasonable notice to the opposite party, such fence viewers shall determine where the fence shall be made, how much and what part each shall make and maintain, and such decision shall be final.

History

Source. V.S. 1947, § 3894. P.L. § 3769. G.L. § 4768. P.S. § 4138. V.S. § 3571. R.L. § 3182. G.S. 102, § 8. 1853, No. 29 , § 7. R.S. 89, §§ 14, 15, 16. 1821, p. 83.

§ 3806. Fence viewers to locate; effect.

In such case, the fence viewers shall establish the line of the fence as near the line between the lands as, in their opinion, is practicable. Each owner of the land, at the time of such division of the fence, shall ever after be deemed in possession of that portion of his or her land enclosed with that of the other owner in consequence of the division. If disagreement arises in relation to the occupancy of such lands, the same shall be determined by the fence viewers, who shall decide such matter of disagreement on the application of either party and after suitable notice is given to the opposite party.

History

Source. V.S. 1947, § 3895. P.L. § 3770. G.L. § 4769. P.S. § 4139. V.S. § 3572. R.L. § 3182. G.S. 102, § 8. 1853, No. 29 , § 7. R.S. 89, §§ 14, 15, 16. 1821, p. 83.

§ 3807. Damage by straying animals.

When the lands of two or more individuals are so situated that none of them are compelled to make and maintain a fence on the dividing line between their land by reason of open or unoccupied lands or highways lying between, each owner or keeper shall be liable for the damages done on the occupied lands of others by an animal straying from his or her lands and being taken on such occupied lands. Such damages may be recovered in a civil action on this statute.

History

Source. V.S. 1947, § 3896. P.L. § 3771. G.L. § 4770. P.S. § 4140. V.S. § 3573. R.L. § 3183. G.S. 102, § 5. 1853, No. 29 , § 4.

ANNOTATIONS

Cited. Choquette v. Perrault, 153 Vt. 45, 569 A.2d 455 (1989).

§ 3808. Liability of person bound to build fence.

When a person bound to support a portion of the division fence does not make or maintain his or her portion, he or she shall be liable for damages done to or suffered by the opposite party in consequence of such neglect. An owner or occupant of adjoining lands, after 10 days from the time notice is given to the opposite party, may make or put in repair the fence and recover from the opposite party damages arising from the neglect, with the expense of building or repairing the fence.

Amended 1965, No. 194 , § 10, operative Feb. 1, 1967; 2009, No. 154 (Adj. Sess.), § 184.

History

Source. V.S. 1947, § 3897. P.L. § 3772. 1933, No. 157 , § 3425. 1919, No. 123 . G.L. § 4771. P.S. § 4141. 1902, No. 65 , § 1. V.S. § 3574. R.L. § 3184. 1867, No. 9 . G.S. 102, § 6. 1853, No. 29 , § 5. R.S. 89, §§ 12, 13. R. 1797, p. 360, § 2. R. 1787, p. 69.

Revision note. References to justice courts in this section were omitted in view of the 1974 amendment to ch. II, § 52 of the Vermont Constitution which prohibits the exercise of judicial functions by justices of the peace.

Amendments--2009 (Adj. Sess.) Deleted the last sentence.

Amendments--1965. Substituted "district court" for "municipal court".

ANNOTATIONS

Analysis

1. Common law.
2. Adjoining owners.
3. Liability of administrator.
4. Liability of landlord.
5. Contributory negligence.
6. Pleading.
7. Burden of proof.
8. Evidence.

1. Common law.

Statutes relating to fences between occupied lands did not relieve owners of cattle from common law duty to keep them from straying into possession of others or common law liability for trespass if he failed to do so and they caused damage by straying. Keenan v. Cavanaugh, 44 Vt. 268 (1872).

2. Adjoining owners.

Where A, B and C each owned back lot of land principally uncleared and unoccupied, B's lot lying between, and adjoining respectively, the lots of A and C, A and B occupying their clearings as meadows, and C his as a sheep pasture, from which his sheep escaped sometimes over the fence west of his clearing, sometimes over the fence between him and B into B's meadow, then on to A's meadow, and did the damage complained of, A could recover for the trespass, since C was bound to restrain his animals so as to prevent their going astray and doing damage to A and A was not bound to fence against them, since not being adjoining proprietor he owed C no duty in respect to fences. Wilder v. Wilder, 38 Vt. 678 (1866).

3. Liability of administrator.

Administrator is not personally liable in action brought on this section. Cummings v. Brock, 56 Vt. 308 (1883).

4. Liability of landlord.

It is duty of farm tenant to make all needed current repairs on fences and if they are not kept in lawful condition it is his fault, not landlord's, and action cannot be maintained against the landlord by adjoining land owner. Blood v. Spaulding, 57 Vt. 422 (1885).

5. Contributory negligence.

Under this section one is not guilty of contributory negligence in turning his cattle into his pasture although he has knowledge that division fence of adjoining landowner is insufficient, and that if his cattle should escape into the owner's field they would be liable to injury; and in action to recover for injuries to plaintiff's cattle, evidence is not admissible on behalf of defendant to prove knowledge of the insufficient fence. Eddy v. Kinney, 60 Vt. 554, 15 A. 198 (1888).

Where defendant's bull escaped into plaintiff's adjoining pasture and injured his horse, plaintiff's fence being insufficient and out of repair, and bull escaping through a gap in the portion that plaintiff was bound to maintain, bull was in plaintiff's field through his own neglect to build legal division fence and defendant was not liable. Scott v. Grover, 56 Vt. 499 (1884).

Where plaintiff having contracted to agist defendant's sheep, turned them into pasture separated from pasture of S by insufficient fence that belonged in part to plaintiff and in part to S to maintain and sheep passed over some part of fence into pasture of S several times and there mingling with diseased sheep became infected with scab, plaintiff, having neither maintained his portion of fence, nor compelled maintenance of S's portion, as he might have done under statute, failed to exercise that ordinary care required by contract of agistment, and damages sustained by defendant from said neglect might be applied in reduction of plaintiff's charge for agistment. Sargent v. Slack, 47 Vt. 674 (1875).

Where fences were divided pursuant to statutes and cattle strayed into plaintiff's field through that part of fence which plaintiff was bound to maintain, he could not recover for entry or damages, because his own neglect contributed to the injury. Keenan v. Cavanaugh, 44 Vt. 268 (1872).

Where fences were divided pursuant to statute and, through defendant's failure to maintain his portion, plaintiff's horses escaped through that portion upon defendant's land, where they were gored by his bull, the fact that plaintiff's portion of fence was defective and insufficient did not bar his recovery of damages for this injury to his horses, if in fact horses escaped through defendant's portion of fence. Saxton v. Bacon, 31 Vt. 540 (1859).

6. Pleading.

Plea to action for trespass by cattle that alleged that animals escaped into plaintiff's field through gate in division fence between plaintiff and defendant, which was sufficient to stop cattle, and which plaintiff had for many years maintained for that purpose, but which upon occasion in question he had torn down, and through which cattle had thereby escaped into plaintiff's field, was good, although it did not show that plaintiff was under any legal obligation to maintain gate. Carpenter v. Cook, 67 Vt. 102, 30 A. 998 (1894).

7. Burden of proof.

Where plaintiff failed to show over whose part of fence defendant's mare passed, he failed to establish fact necessary for recovery. Tupper v. Clark, 43 Vt. 200 (1870).

Where defendant did not defend on ground of defect in plaintiff's fence, it was not incumbent on plaintiff to show that his fence was legal in order to make out his right of recovery. Sorenberger v. Houghton, 40 Vt. 150 (1868).

It is not prerequisite to right of recovery of damages occasioned by neglect of one party to build or maintain his share of legal division fence, that other party should first build or repair fence, after ten days' notice to party in default. Saxton v. Bacon, 31 Vt. 540 (1859).

8. Evidence.

Fact that there was gap in plaintiff's fence, that cattle tracks were there, tends to prove that bull passed at that point. Scott v. Grover, 56 Vt. 499 (1884).

Cited. Foster v. Bennett, 33 Vt. 66 (1860); Hall v. Niles, 44 Vt. 439 (1872); Choquette v. Perrault, 144 Vt. 218, 475 A.2d 1078 (1984); Choquette v. Perrault, 153 Vt. 45, 569 A.2d 455 (1989); Baisley v. Missisquoi Cemetery Ass'n, 167 Vt. 473, 708 A.2d 924 (1998).

§ 3809. Sudden destruction of fence; repairs; damages.

When a division fence is suddenly damaged or destroyed by fire, winds, or floods, a person who ought to repair the same shall do so within 10 days after being thereto requested by a person interested therein, and shall pay the damages done to the opposite party by animals straying from his or her occupied lands to those of the other party during the time the fence is out of repair. If he or she does not make or repair his or her portion of the fence within 10 days after such request, the party sustaining damage thereby may make or repair the same at the expense of the person neglecting so to do, and may recover the same in a civil action on this statute.

History

Source. V.S. 1947, § 3898. 1947, No. 202 , § 3920. P.L. § 3773. 1933, No. 157 , § 3426. G.L. § 4772. P.S. § 4142. V.S. § 3575. R.L. § 3185. G.S. 102, §§ 10, 11. 1853, No. 29 , §§ 9, 10. R.S. 89, §§ 17, 18. R. 1797, p. 362, § 3.

ANNOTATIONS

1. Liability for damages.

Where plaintiff's fence was broken down by unruly cattle of defendant, which then and on subsequent occasions entered through break, and damaged plaintiff's fields, defendant was liable for damage to fence and for damages to fields until plaintiff had reasonable opportunity to repair fence, but not afterwards. Watkins v. Rist, 67 Vt. 284, 31 A. 413 (1894).

§ 3810. Duties of fence viewers; division; penalty; appeal.

On request, the fence viewers, or a majority of them, shall examine fences within the town and a division shall be made by them in cases proper for them to determine. If a fence viewer neglects to perform the duties required of him or her, he or she shall forfeit to the party aggrieved $5.00, with costs to be recovered in a civil action on this statute. Either party may appeal from the decision of the fence viewers to a Superior Court if such appeal is claimed within two hours from the rendition of the decision. Such appeal shall be taken as provided by Rule 75 of the Vermont Rules of Civil Procedure.

Amended 1965, No. 194 , § 10, operative Feb. 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.

History

Source. V.S. 1947, § 3899. 1945, No. 51 , § 1. P.L. § 3774. G.L. § 4773. P.S. § 4143. R. 1906, § 4000. V.S. § 3576. R.L. § 3186. G.S. 102, § 14. 1853, No. 29 , § 13. R.S. 89, §§ 2, 3, 9, 11. R. 1797, p. 360, § 2. R. 1797, p. 363, §§ 5, 6.

2019. Deleted "district or" before "Superior Court" in accordance with 2009, No. 154 (Adj. Sess.), § 236.

Substituted "Rule 75 of the Vermont Rules of Civil Procedure" for "chapter 109 of Title 12" to correct an error in the reference.

Revision note. - Substituted "a civil action" for "an action of tort" to conform to Rule 2, Vermont Rules of Civil Procedure, pursuant to 1971, No. 185 (Adj. Sess.), § 236(d). See note under § 219 of Title 4.

Amendments--1973 (Adj. Sess.). Substituted "superior court" for "county court".

Amendments--1965. Substituted "district court" for "municipal court".

Cross References

Cross references. Ascertainment by fence viewers of damages done by impounded beast, see § 3422 of Title 20.

ANNOTATIONS

Analysis

1. Scope of authority.
2. Viewers' decision as evidence.
3. Fees.

1. Scope of authority.

Fence viewers have no official authority to establish disputed boundary line and their establishment of one is merely award on oral submission or parol contract. Camp v. Camp, 59 Vt. 667, 10 A. 748 (1887).

Fence viewers have no authority to settle rights of different claimants of land, or to establish disputed boundaries; and neither party is precluded by their decision from contesting question of ownership in himself, or in adverse party, or location of their boundaries. Shaw v. Gilfillan, 22 Vt. 565 (1850).

2. Viewers' decision as evidence.

In action of trespass on freehold for building fence on plaintiff's land, evidence was not admissible in favor of defendant as bearing on question of location of division line, to show that fence viewers established line, and that defendant then built his share of fence at plaintiff's request; or to prove license, as exceptions do not show that defendant claimed one; but it was admissible as bearing on the question of exemplary damages. Camp v. Camp, 59 Vt. 667, 10 A. 748 (1887).

3. Fees.

When one party paid entire fees due to fence viewers for their services in dividing a fence, he could recover of other party portion adjudged to be paid by him, without regard to legality of division of fence. Irish v. Blackmer, 56 Vt. 670 (1884).

Cited. Choquette v. Perrault, 144 Vt. 218, 475 A.2d 1078 (1984); Choquette v. Perrault, 153 Vt. 45, 569 A.2d 455 (1989).

§ 3811. Notice; certificate; effect of record.

When called upon to act, the fence viewers shall give notice to parties interested, or to their tenants or agents, of the time when they will examine the fence or line between adjoining lands, before they make a division relating to the same. When fence viewers make a division of fence, or appraise the value of a fence made or repaired, or examine as to the sufficiency of a fence, they shall certify the same. When they make a division of fence and so certify, a record of the same in the office of the clerk of the town in which the line is situated shall be valid against the parties, their heirs, and assigns.

History

Source. V.S. 1947, § 3900. P.L. § 3775. 1933, No. 157 , § 3428. G.L. § 4774. P.S. § 4144. V.S. § 3577. R.L. § 3187. G.S. 102, § 15. 1853, No. 29 , § 14. R.S. 89, §§ 4, 5, 6. R. 1797, p. 364, § 7.

ANNOTATIONS

Cited. Choquette v. Perrault, 144 Vt. 218, 475 A.2d 1078 (1984).

§ 3812. Agreement as to division.

An agreement in writing between the owners of adjoining lands, relating to their division fence, signed by the owners, witnessed by two witnesses, acknowledged by the parties and recorded in the office of the town clerk in the town where the fence is situated shall be valid against the parties, their heirs, and assigns.

History

Source. V.S. 1947, § 3901. P.L. § 3776. 1933, No. 157 , § 3429. G.L. § 4775. P.S. § 4147. V.S. § 3580. R.L. § 3190. G.S. 102, § 13. 1853, No. 29 , § 12. R.S. 89, § 7.

ANNOTATIONS

Analysis

1. Ownership of fence.
2. Effect of agreement.

1. Ownership of fence.

Unrepudiated parol agreement as to location of division fence is so far binding between parties to it as to determine ownership of fence, notwithstanding this section, although it does not stand upon true line. State v. Buck, 74 Vt. 29, 51 A. 1087 (1901).

Title to division fence is not necessarily determined by ownership of land on which it stands. State v. Buck, 74 Vt. 29, 51 A. 1087 (1901).

2. Effect of agreement.

Adjoining land owners may make a parol agreement as to division fence that is binding on themselves until repudiated; and it can be proved by oral testimony. Blood v. Spaulding, 57 Vt. 422 (1885); Scott v. Grover, 56 Vt. 499 (1884).

If contiguous land owners by parol agreement divide fence between them, the agreement is binding so long as they act under it; and if one fails to make his part legal fence and other's cattle escape over it into his field, he has no right to impound them. Hitchcock v. Tower, 55 Vt. 60 (1883).

Where adjoining owners agree upon portion of division fence each shall build, they are bound each to other to keep up their respective portions, certainly until one or other repudiates agreement. Tupper v. Clark, 43 Vt. 200 (1870).

§ 3813. When fence is on a town line; division.

When the line on which a division fence is to be made or maintained is the line between two towns, and the parties do not agree upon the division, the same shall be determined by a board of fence viewers consisting of one or more from each of the towns. Such board of fence viewers shall give notice to the parties, make the division, and make a certificate as provided in section 3811 of this title. Such certificate shall be valid against the parties, their heirs, and assigns, if recorded in the office of the town clerk in each of the towns.

History

Source. V.S. 1947, § 3902. P.L. § 3777. 1933, No. 157 , § 3430. G.L. § 4776. P.S. § 4145. V.S. § 3578. R.L. § 3188. G.S. 102, § 16. 1853, No. 29 , § 15. R.S. 89, § 8. R. 1797, p. 363, § 5.

§ 3814. Homesteader to maintain; liability.

Each owner of a homestead shall be liable to make and maintain his or her portion of the division fence between his or her homestead and adjoining lands. The homestead shall be liable to attachment and levy of execution for damages and costs recovered for neglect so to do.

History

Source. V.S. 1947, § 3903. 1947, No. 202 , § 3925. P.L. § 3778. G.L. § 4777. P.S. § 4146. V.S. § 3579. R.L. § 3189. G.S. 68, § 18.

Cross References

Cross references. Attachment and execution against homestead, see § 101 of Title 27.

§ 3815. Records.

Certificates and written agreements mentioned in this chapter shall be recorded and alphabetically indexed by the town clerk in a book kept for that purpose.

History

Source. V.S. 1947, § 3904. P.L. § 3779. G.L. § 4778. P.S. § 4148. V.S. § 3581. 1894, No. 120 .

§ 3816. Recovery for expense.

When, by the provisions of this chapter, owners of adjoining lands are required to pay to another the expense of making or repairing a division fence, or damages for the neglect of making, or for one-half the value of a division fence, the same with costs may be recovered in a civil action on such statute.

History

Source. V.S. 1947, § 3905. P.L. § 3780. G.L. § 4779. P.S. § 4149. V.S. § 3582. R.L. § 3191. G.S. 102, § 12. 1853, No. 29 , § 11. R.S. 89, § 20. R. 1797, p. 360, §§ 2, 3, 4. R. 1787, p. 69.

ANNOTATIONS

Cited. Choquette v. Perrault, 144 Vt. 218, 475 A.2d 1078 (1984); Choquette v. Perrault, 153 Vt. 45, 569 A.2d 455 (1989).

§ 3817. Unnecessary fence; maintenance prohibited; penalty.

A person shall not erect or maintain an unnecessary fence or other structure for the purpose of annoying the owners of adjoining property by obstructing their view or depriving them of light or air. A person who violates a provision of this section shall be fined not more than $100.00.

History

Source. V.S. 1947, § 3906. 1947, No. 202 , § 3928. P.L. §§ 3781, 3782. G.L. §§ 4780, 4781. 1917, No. 254 , § 4656. 1912, No. 154 . P.S. §§ 4150, 4151. V.S. §§ 4697, 4698. 1886, No. 84 .

ANNOTATIONS

Analysis

1. Particular cases.
2. Test for intent.

1. Particular cases.

Although the parties in their settlement agreement clearly contemplated the possibility of a fence, their agreement did not specify the dimensions, characteristics, or location of any fence, and could not be construed as an agreement to any fence of any character and dimension at any location, essentially waiving the protections of the spite-fence statute. The trial court did not rule that any fence would violate the spite-fence statute; it ruled that the fence here was a spite fence as erected. Obolensky v. Trombley, 198 Vt. 401, 115 A.3d 1016 (2015).

Fact that a structure complies with zoning or permitting ordinances does not preclude a finding that the structure violates a spite-fence statute. Thus, the fact that plaintiffs' fence did not require a town permit did not undermine the conclusion that it violated the statute. Obolensky v. Trombley, 198 Vt. 401, 115 A.3d 1016 (2015).

Evidence supported the trial court's findings and conclusions that plaintiffs' fence was a "spite fence." The trial court properly considered the history of intense animosity and conflict between the parties, the credibility of plaintiffs' claimed reasons for building the fence, and the usefulness or uselessness of the fence for purposes of privacy, security, and quiet enjoyment; furthermore, the trial court did not ignore the legitimate purposes of the fence identified by plaintiffs. Obolensky v. Trombley, 198 Vt. 401, 115 A.3d 1016 (2015).

In a dispute over a fence, it appeared from the record that the trial court relied on a site visit only to assist in its evaluation of the testimony and other evidence. Such use of the site visit was entirely proper. Alberino v. Balch, 185 Vt. 589, 969 A.2d 61 (mem.) (2008).

Factual backdrop in a dispute over a fence - photographs of the fence, a site visit, a contempt order concerning an earlier fence in virtually the same location, and over 15 years of increasingly acrid disputes between the parties about dogs, brush piles, trespass, plowing, and noise - supported a finding that the fence was intended solely to annoy appellee by obstructing his view and shading his property. Thus, whether the fence was erected solely to annoy appellee or primarily to annoy him was immaterial to the outcome of the appeal. Alberino v. Balch, 185 Vt. 589, 969 A.2d 61 (mem.) (2008).

In a dispute over a fence erected by appellant, the trial court's finding that the fence was not flush with the ground and thus was useless to prevent appellant's dogs from crossing the property line was supported by photographs that plainly showed gaps in the lower part of the fence, resulting from warping panels and from appellant's failure to align the bottoms of the panels with the varied terrain. Moreover, appellee testified that the irregular plywood boards were warping and "cupping" as much as two feet in places, and it was undisputed that the fence did not actually prevent dogs from crossing the property line. Alberino v. Balch, 185 Vt. 589, 969 A.2d 61 (mem.) (2008).

2. Test for intent.

Dominant-purpose test and the sole-purpose test for determining whether the intent element of a spite-fence statute is satisfied are not far apart in practical terms. Under the dominant-purpose test adopted by the Court, a plaintiff still must show that the fence would strike an ordinary beholder as manifestly erected with a leading purpose to annoy the adjoining owner or occupant in his use of his premises. This manifest, positive, and leading feature of the fence must be so predominating as a motive as to give character to the structure, with any real usefulness of the structure being manifestly subordinate and incidental. Obolensky v. Trombley, 198 Vt. 401, 115 A.3d 1016 (2015).

Vermont Supreme Court joins its sister courts of New England in adopting the dominant-purpose test for determining whether the intent element of a spite-fence statute is satisfied. The very nature of a fence is such that privacy could always be given as the reason for erecting it, even when the evidence shows egregious, malicious intent which plainly outweighs any benefit gained by the erector of the fence. Obolensky v. Trombley, 198 Vt. 401, 115 A.3d 1016 (2015).

For a fence to be considered a "spite fence" within the meaning of the statute, the plaintiff must show that in the absence of intent to annoy, the fence would not have been built or maintained. This rule most carefully balances the competing concerns of protection of property rights and the discouragement of pointless inflictions of harm among neighbors. Obolensky v. Trombley, 198 Vt. 401, 115 A.3d 1016 (2015).

CHAPTER 111. MONUMENTS, OBSERVANCES, SERVICE RECORDS, HISTORIES

Sec.

§ 3901. Soldiers' monuments and records.

A town may instruct the selectboard to erect a building or monument to the memory of citizens of such town who were in the military or naval service during any wars in which the United States has been engaged and may appropriate sufficient money for that purpose, and may issue its notes or bonds extending over a period that shall not exceed five years to cover the expense of the same. Such town may also instruct the selectboard to have inscribed upon such monument or upon or within such buildings the names of such persons credited to such town by the State, or federal authorities, who entered the service of the United States during such wars and died while in such service or were honorably discharged.

History

Source. V.S. 1947, § 3640. P.L. § 3556. 1919, No. 101 . G.L. § 4021. 1912, No. 124 , § 1. P.S. § 3521. V.S. § 3072. 1884, No. 64 . R.L. § 2742. 1863, No. 4 .

2019. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 (Adj. Sess.), § 72.

§ 3902. Rooms for use of veterans' organizations.

A town may appropriate the necessary funds to pay the rentals of rooms for the use of organizations of veterans of wars of the United States.

History

Source. V.S. 1947, § 3641. P.L. § 3557. 1923, No. 70 , § 1.

§ 3903. Military records.

A town may appoint a person, who need not be a resident of the town, to prepare a military record at the expense of the town, which shall contain the name of every person in the U.S. Armed Forces furnished by the town during any wars or military enterprises in which the United States has been engaged with the following statistics, so far as applicable to each case: age at the time of enlistment or induction; birthplace; date of enlistment; date of muster into the service of the United States; rank; promotions; reenlistment; date and cause of discharge; date of pension and amount; date and cause of death; date, place, and nature of wounds; bounty received from the town and bounty received from individuals; and any other pertinent information.

Amended 2019, No. 131 (Adj. Sess.), § 269.

History

Source. V.S. 1947, § 3642. 1945, No. 46 , § 1. P.L. § 3558. 1933, No. 157 , § 3313. 1919, No. 102 . G.L. §§ 4022, 4023. P.S. §§ 3522, 3523. V.S. §§ 3073, 3074. R.L. § 2743. 1864, No. 15 , §§ 1, 2.

Amendments--2019 (Adj. Sess.). Substituted "U.S. Armed Forces" for "armed forces of the United States", substituted "the" for "such" following "furnished by", inserted "and cause" preceding "of discharge", deleted "and cause thereof" following "of discharge", inserted "and cause" preceding "of death", and deleted "and cause" following "of death".

§ 3904. Printing and sale of records.

A town may order such records printed and kept for sale at a price not to exceed an advance of 20 percent of the cost of publication.

History

Source. V.S. 1947, § 3643. P.L. § 3559. G.L. § 4026. P.S. § 3526. V.S. § 3077. R.L. § 2745. 1864, No. 15 , § 7.

§ 3905. Certified copy for town clerk's office.

A copy officially certified by the compiler of the record shall be kept in the office of the town clerk.

Amended 2021, No. 53 , § 7.

History

Source. V.S. 1947, § 3644. P.L. § 3560. G.L. § 4027. P.S. § 3527. V.S. § 3078. R.L. § 2746. 1864, No. 15 , § 8.

Amendments--2021. Deleted "and in the State Library" from the end of the sentence.

§ 3906. Town histories.

At its annual meeting, a town may authorize the selectboard to contract with some person to prepare and publish the history of the town, under such regulations as it prescribes.

History

Source. V.S. 1947, § 3646. P.L. § 3561. G.L. § 4030. P.S. § 3528. V.S. § 3079. R.L. § 2748. 1876, No. 120 . G.S. 15, § 91. 1856, No. 51 .

2019. Substituted "selectboard" for "selectmen" in accordance with 2013, No. 161 (Adj. Sess.), § 72.

§ 3907. Memorial Day and other historic events.

A municipality may appropriate such sums of money as it deems necessary for the proper observance of Memorial Day, for the celebration of historic events, and for the erection and dedication of monuments or tablets to commemorate the same.

History

Source. V.S. 1947, § 3974. P.L. § 3698. 1933, No. 157 , § 3471. G.L. § 4154. 1910, No. 114 , § 1. P.S. § 3622. V.S. §§ 3084, 3126. 1890, No. 71 , § 1. 1884, No. 10 .

CHAPTER 113. HOUSING AUTHORITIES

Sec.

History

Short title. 1961, No. 212 , § 1, provided: "This act [which added this chapter] may be referred to as the Housing Authorities Act."

Severability of enactment. 1961, No. 212 , § 26, provided: "Notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provision of this act [which added this chapter], or the application thereof to any person or circumstances is held invalid, the remainder of this act and the application of such provisions to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby."

Legislative findings and purpose; administration of rental housing subsidies. 2011, No. 137 (Adj. Sess.), § 8 provides: "The general assembly finds:

"(1) Administration of rental housing subsidies in Vermont, including federal housing funds, is a public and essential governmental function to be focused primarily on assuring safe and decent housing for low and moderate income persons without undue regard for the generation of profit or surplus.

"(2) In recent years, private entities, including nominally private entities controlled by public jurisdictions from other states, have sought contracts to administer allocations of federal rental subsidies throughout the United States.

"(3) To the maximum extent permitted by applicable law, it is the purpose of Sec. 9 of this act [which amended 24 V.S.A. § 4005] to limit the administrative control of federal rental subsidies to state of Vermont public bodies."

§ 4000. Statutory purposes.

The statutory purpose of the exemption for housing authorities in section 4020 of this title is to promote, provide, and preserve affordable housing.

Added 2013, No. 200 (Adj. Sess.), § 13.

§ 4001. Declaration of policy.

It is hereby declared:

That there exists in the State unsanitary or unsafe dwelling accommodations and that persons of low income are forced to reside in such unsanitary or unsafe accommodations; that within the State there is a shortage of safe or sanitary dwelling accommodations available at rents that persons of low income can afford and that such persons are forced to occupy overcrowded and congested dwelling accommodations; that the aforesaid conditions cause an increase in and spread of disease and crime and constitute a menace to the health, safety, morals, and welfare of the residents of the State of Vermont and impair economic value; that these conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety, fire and accident protection, and other public services and facilities.
That these slum areas cannot be cleared, nor can the shortage of safe and sanitary dwellings for persons of low income be relieved through the operation of private enterprise and that the construction of housing projects for persons of low income, as defined in section 4002 of this chapter, would therefore not be competitive with the private enterprise.
That the clearance, replanning, and reconstruction of the areas in which unsanitary or unsafe housing conditions exist and the providing of safe and sanitary dwelling accommodations for persons of low income are public uses and purposes for which public money may be spent and private property acquired.
That substandard and decadent areas exist in certain portions of the State of Vermont and that there is not, in certain parts of the State, an adequate supply of decent, safe, and sanitary housing for persons of low income or elders of low income, or both available for rents that the persons can afford to pay, and the rents that the persons can afford to pay would not warrant private enterprise in providing housing for the persons; that this situation tends to cause an increase and spread of communicable and chronic disease; that the lack of properly constructed dwelling units designed specifically to meet the needs of elders aggravate those diseases peculiar to elders, thereby crowding the hospitals of the State with elders under conditions of neglect that inevitably exacerbate mental deterioration; that this situation constitutes a menace to the health, safety, welfare, and comfort of the inhabitants of the State and is detrimental to property values in the localities in which it exists; that this situation cannot readily be remedied by the private enterprise and that a public exigency exists that makes the provision of housing for elders of low income and the clearance of substandard and decadent areas a public necessity; that the provision of housing for elders of low income for the purpose of reducing the cost to the State of their care by promoting their health and welfare, thereby prolonging their productivity in the interest of the State and nation and the clearance of substandard and decadent areas is declared to be a public use for which private property may be taken by eminent domain and public funds raised by taxation may be expended, and the necessity in the public interest for provisions hereinafter enacted, is hereby declared as a matter of legislative determination.
Added 1961, No. 212 , § 2, eff. July 11, 1961; amended 2013, No. 96 (Adj. Sess.), § 156.

History

Amendments--2013 (Adj. Sess.). Subdiv. (4): Substituted "elders" for "elderly persons" throughout the subdiv., "elders" for "the elderly" following "peculiar to", "neglect" for "idleness" following "conditions of", and "exacerbate mental deterioration" for "invite further senility" following "inevitably".

ANNOTATIONS

Cited. Hilder v. St. Peter, 144 Vt. 150, 478 A.2d 202 (1984).

§ 4002. Definitions.

The following terms, wherever used or referred to in this chapter, shall have the following respective meanings, unless a different meaning clearly appears from the context:

"Authority" or "housing authority" shall mean any of the public corporations created by section 4003 of this title, and the Vermont State Housing Authority created by section 4005 of this title.
"Municipality" shall mean a town, a village, or a city. "The municipality" means the particular municipality or municipalities for which a particular housing authority is created.
"State public body" shall mean any city, town, county, municipality, commission, district, authority, or other subdivision or other public body of the State.
"Governing body" shall mean the selectboard of a town, the trustees of a village, or the mayor and the board of aldermen of a city. Where a housing authority for two or more municipalities is established pursuant to section 4027 of this title, the "governing body" shall mean the selectboard of each town, the trustees of each village, and the mayor and board of aldermen of each city included in such authority.
"Mayor" shall mean the mayor of the city or the officer thereof charged with the duties customarily imposed on the mayor or executive head of the city.
"Clerk" shall mean the clerk of the city or the clerk of the town, as the case may be, or the officer charged with the duties customarily imposed on the clerk.
"Area of operation," in the case of a housing authority for a municipality, shall include the municipality and, in the case of a city, the area within six miles of the territorial boundaries thereof but not any area that lies within the territorial boundaries of any other municipality for which another housing authority is created by this chapter. In the case of a housing authority duly constituted by, and for the purpose of serving, two or more municipalities, the area of operation shall include the area within each such municipality. The area of operation of the Vermont State Housing Authority is the entire State, except in those areas where there is an existing housing authority with a workable program. In those areas where a housing authority exists, the Vermont State Housing Authority may enter with permission of the governing body of the municipality.
"Federal government" shall include the United States of America, the federal Public Works Administration, or any other agency or instrumentality corporate or otherwise of the United States of America.
"Slum" shall mean any area where dwellings predominate that, by reason of dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light, or sanitary facilities, or any combination of these factors, are detrimental to safety, health, and morals.
"Housing project" shall mean any work or undertaking:
1. to demolish, clear, or remove buildings from any slum area; the work or undertaking may embrace the adaptation of the area to public purposes and including parks or other recreational or community purposes;
2. to provide decent, safe, and sanitary urban or rural dwellings, apartments, or other living accommodations for persons of low income and accommodations for elders who are of low income, the work or undertaking may include buildings, land, equipment, facilities, and other real or personal property for necessary, convenient, or desirable appurtenances, streets, sewers, water service, parks, site preparation, gardening, administrative, community, health, recreational, educational, welfare, or other purposes; or
3. to accomplish a combination of the foregoing. The term "housing project" also may be applied to the planning of buildings and improvements, the acquisition of property, the demolition of existing structures, the construction, reconstruction, alteration, and repair of improvements, and all other work in connection therewith.
"Persons of low income" shall mean persons or families, elders or otherwise, who lack the amount of income that is necessary, as determined by the authority undertaking the housing project, to enable them, without financial assistance, to live in decent, safe, and sanitary dwellings without overcrowding. The term "elder" shall mean a person who has attained retirement age as defined in Section 216(a) of the federal Social Security Act or is under a disability as defined in Section 223 of that act.
"Bonds" shall mean any bonds, notes, interim certificates, debentures, or other obligations issued by the authority pursuant to this chapter.
"Real property" shall include all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto, or used in connection therewith, and every estate, interest, and right, legal or equitable therein, including terms for years and liens by way of judgment, mortgage, or otherwise and the indebtedness secured by such liens.
"Obligee of the authority" or "obligee" shall include any bond holder, trustee or trustees for any bond holders, or lessor demising to the authority property used in connection with a housing project, or any assignee or assignees of such lessor's interest or any part thereof and the federal government when it is a party to any contract with the authority.
Added 1961, No. 212 , § 3, eff. July 11, 1961; amended 1967, No. 332 (Adj. Sess.), § 1, eff. March 23, 1968; 1973, No. 44 ; 1977, No. 27 , § 1; 2013, No. 96 (Adj. Sess.), § 157.

History

Reference in text. Section 216 of the federal social security act, referred to in subdiv. (11), is codified as 42 U.S.C. § 416. The term "retirement age" is defined in subsec. ( l ) of that section.

Section 223 of federal social security act, see 42 U.S.C. §§ 416(a) and 423.

Revision note. Reference to section "4004a" of this title was changed to "4005" to conform reference to renumbering of such section.

Amendments--2013 (Adj. Sess.). Subdiv. (10)(A): Substituted "the" for "such" twice.

Subdiv. (10)(B): Substituted "elders who are" for "elderly persons" following "accommodations for", and "the" for "such" following "low income,".

Subdiv. (11): Substituted "elders" for "elderly" following "families," in the first sentence and "'elder"' for "'elderly"' following "The term" in the second sentence.

Amendments--1977. Subdiv. (2): Substituted the word "or" for "and" preceding "a city" in the first sentence and inserted "or municipalities" in the second sentence.

Subdiv. (4): Defined "governing body" where a housing authority for two or more municipalities is established.

Amendments--1973. Paragraph (7): Added provisions relating to joint housing authorities and provided for entry of state housing authority with permission.

Amendments--1967 (Adj. Sess.). Added provisions relating to the Vermont state housing authority.

ANNOTATIONS

1. Area of operation.

This section precludes the state from operation within the six mile zone only when the city has programmed operations for that zone. 1972 Op. Atty. Gen. 257.

"Workable program", as used in this section's definition of "Area of operation", refers to a term of art used in Federal Housing Act, an official plan of action designed to identify and eliminate blight within a community and to encourage housing cost reductions. 1972 Op. Atty. Gen. 257.

§ 4003. Housing authority; establishment.

In each municipality there is hereby created a public body corporate and politic to be known as the housing authority; provided, however, that such authority shall not transact any business or exercise its power under this chapter, until or unless the governing body of the municipality by proper resolution shall declare that there is a need for the authority to function in the municipality.
The governing body shall adopt a resolution declaring that there is a need for a housing authority in the municipality, if it shall find:
1. that unsanitary or unsafe inhabited dwelling accommodations exist in the municipality; or
2. that there is a shortage of safe or sanitary dwelling accommodations in the municipality available to persons of low income or elders of a low income, or both, at rentals they can afford. In determining whether accommodations are unsafe or unsanitary, the governing body may take into consideration the degree of overcrowding, the percentage of land coverage, the light, air, space, and access available to the inhabitants of the accommodations, the size and arrangement of the rooms, the sanitary facilities, and the extent to which conditions exist in the buildings that endanger life or property by fire or other causes.
  Added 1961, No. 212 , § 4, eff. July 11, 1961; amended 2013, No. 96 (Adj. Sess.), § 158; 2017, No. 113 (Adj. Sess.), § 158.

History

Revision note. Added subsec. designations to conform section to V.S.A. style.

Amendments--2017 (Adj. Sess.) Subsec. (a): Deleted ", as herein defined," following "each municipality", substituted "under this chapter" for "hereunder" following "exercise its power", deleted "any time hereafter" following "shall declare", inserted "the" preceding "authority to" and substituted "the" for "said" following "function in".

Amendments--2013 (Adj. Sess.). Subdiv. (b)(1): Substituted "the" for "such" following "exist in".

Subdiv. (b)(2): Substituted "the" for "such" in three places and "or elders of a low income, or both," for "and/or elderly persons of a low income" following "of low income" in the first sentence, and "the" for "said" following "unsanitary," in the second sentence.

Validating act. 1963, No. 169 , §§ 1-3, provided:

"Section 1. Establishment validated

"The establishment of housing authorities including the appointment of commissioners, officers and employees under 24 V.S.A. §§ 4001-4024, or No. 231 of the Acts of 1937 as amended together with all proceedings and acts done with reference thereto before this act takes effect, are hereby declared legal in all respects, notwithstanding any want of statutory authority or defect or irregularity in the acts or proceedings. Those housing authorities are hereby declared to have been and to be legally constituted, and to be bodies corporate and politic with all the powers, rights and duties set forth in 24 V.S.A. §§ 4001-4024. Any housing authority established by a municipality under 24 V.S.A. §§ 4001-4024 is hereby declared to be the housing authority established and authorized to transact business within its area of operation, notwithstanding any earlier establishment of a housing authority by the municipality under No. 231 of the Acts of 1937, as amended.

"Sec. 2. Contracts validated

"All contracts, obligations, and undertakings of housing authorities entered into relating to financing or aiding in the planning, surveying, development and the construction or operation of housing projects, or to obtaining aid therefor from the United States Government or any agency thereof, including (without limiting the generality of the foregoing) loan and annual contributions contracts with the United States Government or any agency thereof, agreements with municipalities or other public bodies relating to cooperation, contributions, grants or other local participation in aid of housing projects, payments (if any) in lieu of taxes, furnishing of municipal services, and the elimination of unsafe and unsanitary dwellings, together with all proceedings and acts done before this act takes effect with reference thereto, are hereby approved and declared legal in all respects, notwithstanding any defect or irregularity therein or any want of statutory authority.

"Sec. 3. Notices and bonds validated

"All notes and bonds issued by housing authorities and all acts preliminary thereto are hereby declared legal in all respects, notwithstanding any defect or irregularity therein or any want of statutory authority."

Validation of housing authority of Barre from June 25, 1963, to April 1, 1967. 1967, No. 136 declared legal the establishment of the housing authority of the city of Barre and all proceedings and acts done by it from June 25, 1963, to April 1, 1967.

Cross References

Cross references. Joint municipal housing authorities, see § 4027 of this title.

ANNOTATIONS

Cited. Hilder v. St. Peter, 144 Vt. 150, 478 A.2d 202 (1984).

§ 4004. Housing authority, members, powers.

When the governing body of a municipality, other than a town, adopts a resolution pursuant to section 4003 of this chapter, it shall promptly notify the mayor of such adoption. Upon receiving such notice, the mayor shall appoint five persons as commissioners of the authority created for said municipality. When the governing body of the town adopts a resolution, said body shall appoint five persons as commissioners of the authority created for said town. The commissioners who are first appointed shall be designated to serve for terms of one, two, three, four, and five years respectively, from the date of their appointment, but thereafter commissioners shall be appointed for a term of office of five years except that all vacancies shall be filled for the unexpired term. No commissioner of any authority may be an officer or an employee of the municipality for which the authority is created. A commissioner shall hold office until his or her successor has been appointed and has qualified. A certificate of the appointment or reappointment of any commissioner shall be filed with the clerk and such certificate shall be conclusive evidence of the due and proper appointment of such commissioner. A commissioner shall receive no compensation for his or her services, but he or she shall be entitled to the necessary expenses, including travelling expenses, incurred in the discharge of his or her duties.
The powers of each authority shall be vested in the commissioners thereof in office from time to time. Three commissioners shall constitute a quorum of authority for the purpose of conducting its business and exercising its powers and for all other purposes. Action may be taken by the authority upon a vote of the majority of the commissioners present, unless in any case the bylaws of the authority should require a larger number. The mayor, or in the case of an authority for a town, the governing body of such town, shall designate which of the commissioners appointed shall be the first chair, but when the office of the chair of the authority thereafter becomes vacant, the authority shall select a chair from among its commissioners. An authority shall select from among its commissioners a vice chair and it may employ a secretary (who shall be executive director), technical experts and such other officers, agents and employees, permanent and temporary, as it may require and shall determine their qualifications, duties and compensation. For such legal services as it may require, an authority may call upon the chief law officer of the municipality or may employ its own counsel and legal staff. An authority may delegate to one or more of its agents or employees such powers or duties as it may deem proper.
Added 1961, No. 212 , § 5, eff. July 11, 1961.

History

2019. In subsec. (b), substituted "chair" for "chairman" and "vice chair" for "vice chairman" in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Revision note. - Added subsec. designations to conform section to V.S.A. style.

§ 4005. Vermont State Housing Authority; establishment, members, powers.

The Vermont State Housing Authority is created. It is referred to in this chapter as the "State Authority." It is a public body corporate and politic of perpetual duration and shall consist of seven commissioners.
The Governor, with the advice and consent of the Senate, shall appoint the commissioners for terms of five years. At the time of appointment or reappointment, one of the commissioners so appointed shall be a tenant residing in publicly subsidized housing within the State. 3 V.S.A. chapter 11 applies to all the commissioners. A certificate of the appointment or reappointment of any commissioner shall be filed with the Secretary of State and that certificate shall be conclusive evidence of the due and proper appointment of that commissioner. All commissioners are entitled to the necessary expenses, including traveling expenses, incurred in the discharge of their duties. All commissioners shall be entitled to receive a per diem of $30.00 except a commissioner who is a State or municipal employee; provided that a commissioner who is a municipal employee shall be entitled to the per diem when the commissioner's:
1. compensation from the municipality is reduced as a result of the performance of his or her official duties; or
2. official duties are performed on his or her personal time.
The powers of the State Authority are vested in the commissioners thereof in office from time to time. Four commissioners shall constitute a quorum of the State Authority for the purpose of conducting its business and exercising its powers and for all other purposes. Action may be taken by the State Authority upon a vote of the majority of the commissioners present and voting. The State Authority shall select annually from among its commissioners a chair and a vice chair. It may employ a secretary (who shall be executive director), technical experts, and such other officers, agents, and employees, permanent and temporary, as it may require and shall determine their qualifications, duties, and compensation. For such legal services as it may require, the State Authority may call upon the Attorney General or may employ its own counsel and legal staff. The State Authority may delegate to one or more of its agents or employees such powers or duties as it may deem proper.
The State Authority is created for the purpose of improving housing conditions and facilities through federal resources and assistance in the field of low-rent housing and private accommodations. Except as provided in subdivision 4008(10) of this title, the State Housing Authority shall be the public housing agency with statewide responsibility eligible to administer allocations of money under 42 U.S.C.A. § 1437f. These allocations shall be subject to the approval of the Vermont Housing Finance Agency. There shall be no commitment of funds by the State of Vermont under or by virtue of any provisions of this chapter.
Notwithstanding any provision of law, no person shall be authorized to administer allocations of money under 42 U.S.C.A. § 1437a or 1437f or other federal statute authorizing rental subsidies for the benefit of persons of low or moderate income, except:
1. the State Authority;
2. a State public body authorized by law to administer such allocations;
3. a person authorized to administer such allocations pursuant to an agreement with the State Authority; or
4. an organization, of which the State Authority is a promoter, member, associate, owner, or manager, that is authorized by a federal agency to administer such allocations in this State.
In addition to the powers granted by this chapter, the State Authority shall have all the powers necessary or convenient for the administration of federal monies pursuant to subsection (e) of this section, including the power:
1. to enter into one or more agreements for the administration of federal monies;
2. to be a promoter, partner, member, associate, owner, or manager of any partnership, limited liability company, joint venture, association, trust, or other organization;
3. to conduct its activities, locate offices, and exercise the powers granted by this title within or outside this State;
4. to carry on a business in the furtherance of its purposes; and
5. to do all things necessary or convenient, consistent with law, to further the activities and affairs of the Authority.
  Added 1967, No. 332 (Adj. Sess.), § 2, eff. March 23, 1968; amended 1975, No. 176 (Adj. Sess.), § 7, eff. March 26, 1976; 1981, No. 225 (Adj. Sess.), §§ 1, 2; 1985, No. 3 ; 2011, No. 137 (Adj. Sess.), § 9, eff. May 14, 2012; 2013, No. 161 (Adj. Sess.), § 72; 2017, No. 69 , § H.11, eff. June 8, 2017; 2017, No. 113 (Adj. Sess.), § 159.

History

2014. Subsec. (c): Substituted "chair" for "chairman" and "vice chair" for "vice chairman" in accordance with 2013, No. 161 (Adj. Sess.), § 72.

- 2007. In subsec. (d), substituted "subdivision" for "section" preceding "4008(10)" to conform reference to V.S.A. style.

Amendments--2017 (Adj. Sess.) Subsec. (a): Substituted "in this chapter" for "herein" following "referred to" in the second sentence.

Amendments--2017. Subsec. (e): Deleted ", domestic or foreign," following "no person" in the introductory language, deleted "a subcontractor or" preceding "the State" in subdiv. (1), and added subdivs. (3) and (4).

Subsec (f): Added.

Amendments--2011 (Adj. Sess.) Subsec. (e): Added.

Amendments--1985. Subsec. (b): Substituted "All commissioners are" for "A commissioner shall receive no compensation for his services, but he is" preceding "entitled" in the fifth sentence of the first paragraph and "their" for "his" preceding "duties" at the end of that sentence, and added the second paragraph and subdivs. (1) and (2).

Subsec. (c): Substituted "Four" for "Three" preceding "commissioners" at the beginning of the second sentence and inserted "present and voting" following "commissioners" at the end of the third sentence.

Amendments--1981 (Adj. Sess.). Subsec. (a): Increased number of commissioners from "five" to "seven".

Subsec. (b): Added provision that at the time of the appointment or reappointment, one of the commissioners shall be a tenant residing in publicly subsidized housing within the state, and provision that chapter 11 of Title 3 applies to all the commissioners.

Amendments--1975 (Adj. Sess.). Subsec. (d): Amended second sentence by adding reference to section 4008(10) of this title and 42 U.S.C.A. § 1437f and added new sentence providing for approval of the allocations by the Vermont housing finance agency.

Prior law. 24 V.S.A. § 4004a.

ANNOTATIONS

1. Area of operations.

The State Housing Authority can continue operations in a city after the city has set up a housing authority of its own. 1972 Op. Atty. Gen. 257.

§ 4006. Disqualification.

During his or her tenure, no commissioner or employee of an authority shall acquire any direct or indirect ownership interest in any housing project or in any property included or planned to be included in any project, nor shall he or she acquire any direct or indirect interest in any contract or proposed contract for materials or services to be furnished or used in connection with any housing project, except that the renewal of an existing contract shall be subject to the provisions of subsection (b) of this section.
If any commissioner or employee of an authority, prior to appointment or employment, owns or has a direct or indirect interest in any housing project or any property included or planned to be included in any housing project, or a direct or indirect interest in any contract or proposed contract for materials or services to be furnished or used in connection with any housing project, he or she immediately shall disclose the same in writing to the authority and such disclosure shall be entered upon the minutes of the authority. He or she shall not vote on any issue pertaining to any housing project, or any property included or planned to be included in any project or on any contract or proposed contract for materials or services to be furnished or used in connection with any housing project for which he or she owns or controls a direct or indirect interest. Failure so to disclose such interest or refrain from voting shall constitute misconduct in office.
1961, No. 212 , § 6, eff. July 11, 1961; amended 1987, No. 250 (Adj. Sess.), § 5, eff. June 13, 1988.

History

Amendments--1987 (Adj. Sess.). Section amended generally.

Prior law. 24 V.S.A. § 4005.

§ 4007. Removal.

For inefficiency or neglect of duty or misconduct in office, a commissioner of an authority may be removed by the mayor (or in the case of an authority of a town, by the governing body of said town) or in the case of the State Authority, by the Governor, but a commissioner shall be removed only after he or she shall have been given a copy of the charges at least ten days prior to the hearing thereon and had an opportunity to be heard in person or by counsel. In the event of the removal of any commissioner, a record of the proceedings, together with the charges and findings thereon, shall be filed in the office of the clerk, or in the case of the State Authority, in the office of the Secretary of State.

Added 1961, No. 212 , § 7, eff. July 11, 1961; amended 1967, No. 332 (Adj. Sess.), § 3, eff. March 23, 1968.

History

Amendments--1967 (Adj. Sess.). Added provisions relating to "the state authority".

Prior law. 24 V.S.A. § 4006.

ANNOTATIONS

Analysis

1. Nature of proceedings.
2. Notice.
3. Grounds for removal.
4. Burden of proof.
5. Review.

1. Nature of proceedings.

The mayor in conducting proceeding to remove chairman of housing authority was acting in a judicial capacity. Davis v. Cain, 127 Vt. 296, 248 A.2d 688 (1968).

2. Notice.

Where dismissal of chairman of housing authority was instigated by mayor, and it was at his discretion that city attorney formulated the charges and gave notice of hearing to petitioner, failure to indicate in letter of notice that it was sent at mayor's discretion and under his authority was not sufficient grounds for dismissal of action. Davis v. Cain, 127 Vt. 296, 248 A.2d 688 (1968).

3. Grounds for removal.

Mayor's right to remove chairman of housing authority is dependent upon establishment of circumstances which, in law, amount to the authorized grounds for removal. Davis v. Cain, 127 Vt. 296, 248 A.2d 688 (1968).

Mayor's power to remove chairman of housing authority did not spring from any supervisory relationship, but was an accompaniment to his power of appointment and exercise of that power could not be capricious or casual, but must be based on some verifiable breach of statutory duty that constituted, at law, the claimed inefficiency or neglect of duty. Davis v. Cain, 127 Vt. 296, 248 A.2d 688 (1968).

In view of evidence of joint meetings between the housing authority commissioners and the board of aldermen, as well as communications with aldermanic liaison committee, claim of failure of chairman of housing authority to properly communicate with mayor did not amount to that inefficiency or neglect of duty which was of substance sufficient to support removal. Davis v. Cain, 127 Vt. 296, 248 A.2d 688 (1968).

4. Burden of proof.

Burden was on mayor to bring forward any evidence of violation of duty by chairman of housing authority so that it might have been met as such by the chairman, and validly assigned weight in the findings. Davis v. Cain, 127 Vt. 296, 248 A.2d 688 (1968).

5. Review.

Reviewing court had an undeniable right to examine the evidence to determine whether there was any legal evidence tending to establish a legal cause for removal of chairman of housing authority by mayor. Davis v. Cain, 127 Vt. 296, 248 A.2d 688 (1968).

If there was evidence tending to establish legal cause for mayor's removal of chairman of housing authority, the weight of the evidence and the sufficiency of the cause are for the removing authority to determine, and its action in that particular would not be reviewed. Davis v. Cain, 127 Vt. 296, 248 A.2d 688 (1968).

In the absence of specific provision for appeal from decision of mayor in dismissing chairman of Burlington Housing Authority, the resort to a petition for a writ of certiorari was a proper remedy. Davis v. Cain, 127 Vt. 296, 248 A.2d 688 (1968).

§ 4008. Powers.

An authority shall constitute a public body, corporate and politic, exercising public and essential governmental functions, and having all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including the following powers in addition to those herein granted:

To sue and be sued; to have a seal and to alter it at pleasure; to have perpetual succession; to make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the authority; and to make and from time to time amend and repeal bylaws, rules, and regulations, not inconsistent with this chapter, to carry into effect the powers and purposes of the authority.
Within its area of operations, to prepare, carry out, acquire, lease, and operate housing projects; to provide for the construction, reconstruction, improvement, alteration, or repair of any housing project or any part thereof.
To arrange or contract for the furnishing by any person or agency, public or private, of services, privileges, works, or facilities for, or in connection with, a housing project or the occupants thereof; and (notwithstanding anything to the contrary, contained in this chapter, or in any other provisions of law) to include in any contract let in connection with a project, stipulations requiring that the contractor and any subcontractors comply with requirements as to minimum wages and maximum hours of labor and comply with any conditions which the federal government may have attached to its financial aid to the project.
To lease or rent any dwellings, houses, accommodations, lands, buildings, structures, or facilities embraced in any housing project and (subject to the limitations contained in this chapter) to establish and revise the rents or charges therefore; to own, hold, and improve real or personal property; to purchase, lease, obtain options upon, acquire by gift, grant, bequest, devise, or otherwise any real or personal property or any interest therein; to acquire by the exercise of the power of eminent domain any real property; to sell, lease, exchange, transfer, assign, pledge, or dispose of any real or personal property or any interest therein; to insure or provide for the insurance of any real or personal property or operation of the authority against any risk or hazards; to procure insurance or guarantees from the federal government of the payment of any debts or part thereof (whether or not incurred by said authority) secured by mortgages on any property included in any of its housing projects.
To invest any funds held in reserve or sinking funds, or any funds not required for immediate disbursement, in property or securities in which savings banks may legally invest funds subject to their control; to purchase its bond at a price not more than the principal amount thereof and accrued interest, all bonds so purchased to be cancelled.
Within its area of operation: to investigate into living, dwelling, and housing conditions and into the means and methods of improving the conditions; to determine where slum areas exist or where there is a shortage of decent, safe, and sanitary dwelling accommodations for persons of low income as well as elders who are of low income; to make studies and recommendations relating to the problem of clearing, replanning, and reconstructing of slum areas and to cooperate with all urban renewal agencies on the problem of providing dwelling accommodations for persons of low income and to cooperate with the municipality, the State, or any political subdivision thereof in action taken in connection with such problem and to engage in research, studies, and experimentation of the subject of housing.
To exercise all or any part or combination of the powers granted in this section.
To provide an adequate number of dwelling units, especially designed for occupation by elders when a survey by the authority indicates a need therefor. Elders shall have priority in the rental of such units.
No law with respect to the acquisition, operation, or disposition of property by other public bodies shall be applicable to an authority unless the Legislature shall specifically so state.
To administer, at its option, allocations of money made under 42 U.S.C.A. § 1437f.
Added 1961, No. 212 , § 8, eff. July 11, 1961; amended 1975, No. 176 (Adj. Sess.), § 8, eff. March 26, 1976; 2013, No. 96 (Adj. Sess.), § 159.

History

Amendments--2013 (Adj. Sess.). Subdiv. (6): Substituted "the" for "such" following "improving", and "elders who are" for "elderly persons" following "as well as".

Subdiv. (8): Substituted "elders" for "elderly persons" twice and "therefor" for "therefore" following "a need".

Amendments--1975 (Adj. Sess.). Subdiv. (10): Added.

Prior law. 24 V.S.A. § 4007.

Cross References

Cross references. Housing authority as urban renewal agency, see § 3219 of this title.

ANNOTATIONS

1. Mandamus.

Where result of proposed special town meeting to vote on the appropriateness of the Rutland Housing Authority's selection of a single site for the development of low-income housing under federal project would only be advisory and not binding on the Authority, mandamus would not issue to compel the mayor to call the meeting, as the effect of the issuance would be nugatory and serve no lawful purpose. Brewster v. Mayor of the City of Rutland, 128 Vt. 437, 266 A.2d 428 (1970).

§ 4009. Rentals.

It is hereby declared to be the policy of this State that each housing authority shall manage and operate its housing projects in an efficient manner so as to enable it to fix the rentals for dwelling accommodations at the lowest possible rates consistent with providing decent, safe, and sanitary dwelling accommodations and that no housing authority shall construct or operate any such project for profit, or as a source of revenue to the State or municipality. To this end an authority shall fix the rental for dwellings in its projects at no higher rate than it shall find to be necessary in order to produce revenue which, together with all other available moneys, revenues, income and receipts of the authority from whatever source derived, will be sufficient:

to pay as the same become due, the principal and interest on the bond of the authority;
to meet the cost of and to provide for maintaining and operating the projects, including the cost of any insurance, and the administrative expenses of the authority; and
to create, during not less than six years immediately succeeding its issuance of any bonds, a reserve sufficient to meet the largest principal and interest payments that will be due on such bonds in any one year thereafter and to maintain such reserve.
1961, No. 212 , § 9, eff. July 11, 1961; amended 1967, No. 332 (Adj. Sess.), § 4, eff. March 23, 1968.

History

Amendments--1967 (Adj. Sess.). Added reference to "state".

Prior law. 24 V.S.A. § 4008.

§ 4010. Duties.

In the operation of or management of housing projects an authority shall at all times observe the following duties with respect to rentals and tenant selection:
1. It may rent or lease the dwelling accommodations therein only to persons of low income or elders who are of low income, or both.
2. It may rent or lease the dwelling accommodations therein only at rentals within the financial reach of such persons as indicated of low income.
3. It may rent or lease to a tenant dwelling accommodations consisting of the number of rooms (but no greater number) that it deems necessary to provide safe and sanitary accommodations to the proposed occupants thereof, without overcrowding.
4. It shall not accept any person as a tenant in any housing project if the person or persons who would occupy the dwelling accommodations have an annual net income in excess of five times the annual rental of the quarters to be furnished such person or persons, except that in the case of families of three or more minor dependents, such ratio shall not exceed six to one; in computing the rental for this purpose of selecting tenants, there shall be included in the rental the average annual cost (as determined by the authority) to the occupants, of heat, water, electricity, gas, cooking range, and other necessary services or facilities, whether or not the charge for such services and facilities is in fact included in the rental.
5. It shall prohibit subletting by tenants.
Nothing contained in this section or section 4009 of this chapter shall be construed as limiting the power of an authority to vest in an obligee the right, in the event of a default by an authority, to take possession of a housing project or cause the appointment of a receiver thereof, or acquire title thereto through foreclosure proceedings, free from all the restrictions imposed by this section or section 4009 of this chapter.
The director of any housing authority may obtain from the Vermont Crime Information Center the record of convictions of any person applying for residence in any housing project administered by the housing authority.
Added 1961, No. 212 , § 10, eff. July 11, 1961; amended 1995, No. 51 , § 3; 2013, No. 96 (Adj. Sess.), § 160.

History

Amendments--2013 (Adj. Sess.). Subdiv. (a)(1): Substituted "elders who are" for "elderly persons" following "income or".

Amendments--1995 Subsec. (c): Added.

Prior law. 24 V.S.A. § 4009.

§ 4011. Joint action.

Any two or more authorities may join or cooperate with one another in the exercise of any or all of the powers conferred by this chapter for the purpose of financing, planning, undertaking, constructing, or operating a housing project or projects located within the area of operation of any one or more of said authorities.

1961, No. 212 , § 11, eff. July 11, 1961.

History

Prior law. 24 V.S.A. § 4010.

§ 4012. Eminent domain; exemption of property from execution.

An authority shall have the right to acquire by the exercise of the power of eminent domain any real property that it may deem necessary for its purposes under this chapter after the adoption by it of a resolution declaring that the acquisition of the real property described therein is necessary for such purposes. An authority may exercise the power of eminent domain in the manner provided for the condemnation of land or rights therein as set forth in 19 V.S.A. §§ 500-514 and 519 and acts amendatory thereof or supplementary thereto. Property already devoted to a public use may be acquired, provided that no real property belonging to the city, county, State, or any political subdivision thereof may be acquired without its consent.
Where it appears to the satisfaction of the court at any stage of the proceedings, upon the petition of the authority that the public interest will be prejudiced by delay, the court may, after such notice to the parties in interest as it may prescribe, which notice, however, shall not be less than eight days and may be by posting upon the property or by publication in such paper or papers at such time as the court may require, order that the authority be permitted to enter immediately upon the real property described in the petition, or any part thereof and to demolish any structures located thereon and to proceed with the construction of the project thereon, upon depositing with the court a sum of money or in lieu thereof, bonds or obligations of the United States of equivalent or greater value, not less than the last assessed valuation of the property, that the court shall find to be sufficient for the protection of the persons who may be entitled to the award. Such deposit or proceeds thereof shall be applied so far as it may be necessary for that purpose, to the payment of any award that may be made, with interest thereon, costs and expenses and the residue, if any, shall be returned to the authority; in the event of a deficiency in the sum deposited, the authority shall pay the balance to make up the award in accordance with the judgment.
All real property of any housing authority, created pursuant to the provisions of this chapter, shall be exempt from levy and sale by virtue of an execution and no execution or other judicial process shall issue against the same nor shall any judgment against such authority be a charge or lien upon its real property; provided however, that the provisions of this section shall not apply to or limit the right of obligees to foreclose or otherwise enforce any mortgage of such an authority or the right of obligees to pursue any remedy for the enforcement of any pledge or liens given by such an authority on its rents, fees, or revenues.
Added 1961, No. 212 , § 12, eff. July 11, 1961; amended 2011, No. 126 (Adj. Sess.), § 7.

History

Revision note. Added subsec. designations to conform section to V.S.A. style.

Amendments--2011 (Adj. Sess.) Subsec. (a): Deleted "by the state transportation board" preceding "as set forth in 19 V.S.A. §§ " and substituted "500-514 and 519" for "501-514" thereafter in the second sentence.

Prior law. 24 V.S.A. § 4011.

ANNOTATIONS

Analysis

1. Generally.
2. Public necessity.

1. Generally.

Under constitution and laws of State, housing authorities may exercise power of eminent domain to acquire property by virtue of delegation of the power to it by Legislature. 1960-62 Op. Atty. Gen. 115.

2. Public necessity.

Question of whether public necessity requires a particular taking is a matter to be determined in each instance by courts. 1960-62 Op. Atty. Gen. 115.

§ 4013. Zoning.

All housing projects of an authority shall be subject to the planning, zoning, sanitary, and building laws, ordinances, and regulations applicable to the locality in which the housing project is situated. In the planning and location of any housing project, an authority shall take into consideration the relationship of the project to any larger plan or long range program for the development of the area in which the housing authority functions.

1961, No. 212 , § 13, eff. July 11, 1961.

History

Prior law. 24 V.S.A. § 4012.

§ 4014. Bonds, issuance of.

An authority shall have power to issue bonds from time to time in its discretion, for any of its corporate purposes. An authority shall also have power to issue refunding bonds for the purpose of paying or retiring bonds issued previously by it.
Neither the commissioners of an authority nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance thereof. The bonds and other obligations of an authority, and such bonds and obligations shall so state on their face, shall not be a debt of the municipality, the State, or any political subdivision thereof and neither the municipality, nor the State or any political subdivision thereof shall be liable thereon. Nor in any event shall such bonds or obligations be payable out of any funds or properties other than those of said authority. Bonds shall not constitute an indebtedness within the meaning of any debt limitation or any restriction. Bonds of an authority are declared to be issued for an essential public and governmental purpose and to be public instrumentalities and together with interest thereon and income therefrom, shall be exempt from taxes.
1961, No. 212 , § 14, eff. July 11, 1961.

History

Revision note. Added subsec. designations to conform section to V.S.A. style.

Substituted "nor" for "or" preceding "any person" in the first sentence of subsec. (b) to correct a grammatical error.

Deleted "of" preceding "such bonds" in the second sentence of subsec. (b) to correct a grammatical error.

Prior law. 24 V.S.A. § 4013.

§ 4015. Bonds authorized; conversion privileges.

Bonds of an authority shall be authorized by its resolution and may be issued in one or more series and shall bear such date or dates, mature at such time or times, bear interest at such rate or rates, be in such denomination or denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment at such place or places, and be subject to such terms of redemption, with or without premium as such resolution, its trust indenture, or mortgage may provide.
The bonds may be sold at not less than par at public sale held after notice published once at least five days prior to such sale in a newspaper having a general circulation in the municipality and in a financial newspaper published in the city of Boston, Massachusetts or in the city of New York, New York, except that in the case of bonds of the State Authority, such notice shall be published only in a financial newspaper as described in this subsection. All bonds may be sold at not less than par to the federal government at private sale without any public advertisement.
In case any of the commissioners or officers of the authority whose signatures appear on the bonds or coupons shall cease to be such commissioners or officers before the delivery of such bonds such signature shall, nevertheless, be valid and sufficient for all purposes, the same as if they had remained in office until such delivery. Any provision of any law to the contrary notwithstanding, any bonds issued pursuant to this chapter shall be fully negotiable.
In any suit, action, or proceedings involving the validity or enforceability of any bond of an authority or the security thereof, any such bond reciting in substance that it has been issued by the authority to aid in financing a housing project to provide dwelling accommodations for persons of low income shall be conclusively deemed to have been issued for a housing project of such character and said project shall be conclusively deemed to be planned, located, and constructed in accordance with the provisions and purposes of this chapter.
1961, No. 212 , § 15, eff. July 11, 1961; amended 1967, No. 332 (Adj. Sess.), § 5, eff. March 23, 1968; 1969, No. 285 (Adj. Sess.), § 11, eff. April 9, 1970.

History

Amendments--1969 (Adj. Sess.). Subsec. (a): Original first paragraph designated as subsec. (a) and reference to specific rate of interest omitted.

Subsecs. (b)-(d): Undesignated paragraphs designated as subsecs. (b)-(d).

Amendments--1967 (Adj. Sess.). Added provisions relating to bonds of "the state authority".

Prior law. 24 V.S.A. § 4014.

§ 4016. Bonds, powers, covenants.

In connection with the issuance of bonds, or the incurring of obligations under leases and in order to secure the payment of such bonds or obligations, an authority, in addition to its other powers, shall have power:

To pledge all or any part of its gross or net rents, fees or revenues to which its right then exists, or may thereafter come into existence.
To mortgage all or any part of its real or personal property, then owned or thereafter acquired.
To covenant against pledging all or any part of its rents, fees and revenues, or against mortgaging all or any part of its real or personal property, to which its right or title then exists or may thereafter come into existence or against permitting or suffering any lien on such revenues or properties; to covenant with respect to limitations on its right to sell, lease or otherwise dispose of any housing project or part thereof and to covenant as to what other or additional debts or obligations may be incurred by it.
To covenant as to the bonds to be issued and as to the issuance of such bonds in escrow or otherwise and as to the use and disposition of the proceeds thereof; to provide for the replacement of lost, destroyed, or mutilated bonds; to covenant against extending the time for the payment of its bonds or interest thereon and to redeem the bonds and to covenant for their redemption and to provide the terms and conditions thereof.
To covenant, subject to the limitations contained in this chapter, as to the rents and fees to be charged in the operation of the housing project or projects, the amount to be raised each year or other period of time by rents, fees, and other revenues and as to the use and disposition to be made thereof; to create or to authorize the creation of special funds for moneys held for construction or operating costs, debt service, reserve, or other purposes and to covenant as to the use and disposition of the moneys held in such funds.
To prescribe the procedure, if any, by which the terms of any contract with bond holders may be amended or abrogated, the amount of bonds the holders of which must consent thereto, and the manner in which such consent may be given.
To covenant as to the use of any or all of its real or personal property; to covenant as to the maintenance of its real and personal property; the replacement thereof, the insurance to be carried thereon and the use and disposition of its insurance monies.
To covenant as to the rights, liabilities, powers, and duties arising upon the breach by it of any covenant, condition, or obligation; and to covenant and prescribe as to the events of default and terms and conditions upon which any or all of the bonds or obligations shall become or may be declared due before maturity and as to the terms and conditions upon which such declaration and its consequences may be waived.
To vest in a trustee or trustees or the holders of the bonds or any proportion of them the right to enforce the payment of the bonds, or any covenants securing or relating to the bonds; to vest in a trustee or trustees the right, in the event of a default by said authority, to take possession and use, to operate and manage any housing project or part thereof, and to collect the rents and revenues arising therefrom and to dispose of such monies in accordance with the agreement of the authority with said trustee; to provide for the powers and duties of a trustee or trustees and to limit the liability thereof; and to provide the terms and conditions upon which the trustee or trustees or the holders of bonds or any proportion of them may enforce any covenant or right securing or relating to the bond.
To exercise all or part or a combination of powers granted in this section; to make covenants other than and in addition to the covenants herein expressly authorized, of like or different character; to make such covenants and to do any and all such acts and things as may be necessary or convenient or desirable in order to secure its bonds, or, in the absolute discretion of said authority as will tend to make the bonds more marketable notwithstanding that such covenants, acts, or things are not enumerated in this section.
1961, No. 212 , § 16, eff. July 11, 1961.

History

Prior law. 24 V.S.A. § 4015.

§ 4017. Rights of obligees.

An obligee of an authority shall have the right in addition to all other rights which may be conferred upon such obligee, subject only to any contractual restrictions binding upon such obligee:

By suit, action, or proceeding to compel said authority and the commissioners, officers, agents, or employees thereof to perform each and every term, provision, and covenant contained in any contract of said authority with or for the benefit of such obligee and to require the carrying out of any or all such covenants or agreements of said authority and the fulfillment of all duties imposed upon said authority by this chapter.
By suit, action, or proceeding, to enjoin any acts or things that may be unlawful, or the violation of any of the rights of any obligee of said authority.
1961, No. 212 , § 17, eff. July 11, 1961.

History

Revision note. Deleted "mandamus" preceding "suit" in subdiv. (1) in light of the abolition of writs of mandamus. See Rule 81(b), Vermont Rules of Civil Procedure.

Deleted "at law or in equity" following "proceeding" in subdiv. (1) and "in equity" following "proceeding" in subdiv. (2) pursuant to 1971, No. 185 (Adj. Sess.), § 236(d). See note under § 219 of Title 4.

Prior law. 24 V.S.A. § 4016.

§ 4018. Powers may be conferred on obligee.

An authority shall have power by its resolution, trust indenture, mortgage, lease, or other contract to confer upon any obligee holding or representing a specified amount in bonds, or holding a lease, the right, in addition to all rights that may be otherwise conferred, upon the happening of an event of default as defined in such resolution or instrument, by suit, action, or proceeding in any court of competent jurisdiction:

To cause possession of any housing project or any part thereof to be surrendered to any such obligee.
To obtain the appointment of a receiver of any housing project of said authority or any part thereof and of the rents and profits therefrom. If such receiver be appointed, he or she may enter and take possession of such housing project or any part thereof and operate and maintain the same and collect and receive all fees, rents, revenues, or other charges thereafter arising therefrom and shall keep such monies in a separate account or accounts and apply the same in accordance with the obligations of said authority as the court shall direct.
To require said authority and the commissioners thereof to account as if it and they were the trustees of an express trust.
1961, No. 212 , § 18, eff. July 11, 1961.

History

Prior law. 24 V.S.A. § 4017.

§ 4019. United States cooperation.

In addition to the powers conferred upon an authority by other provisions of this chapter, an authority is empowered to borrow money or accept grants or other financial assistance from the federal government for, or in aid of, any housing project within its area of operation, to take over or lease or manage any housing project or undertaking constructed or owned by the federal government and to these ends to comply with such conditions and enter into such mortgages, trust indentures, leases, or agreements as may be necessary, convenient, or desirable. It is the purpose and intent of this chapter to authorize every authority to do any and all things necessary or desirable to secure the financial aid or the cooperation of the federal government in the undertaking, construction, maintenance, or operation of any housing project by such authority.

1961, No. 212 , § 19, eff. July 11, 1961.

History

Prior law. 24 V.S.A. § 4018.

ANNOTATIONS

1. Mandamus.

Where result of proposed special town meeting to vote on the appropriateness of the Rutland Housing Authority's selection of a single site for the development of low-income housing under federal project would only be advisory and not binding on the authority, mandamus would not issue to compel the mayor to call the meeting, as the effect of the issuance would be nugatory and serve no lawful purpose. Brewster v. Mayor of the City of Rutland, 128 Vt. 437, 266 A.2d 428 (1970).

§ 4020. Taxation.

The property of an authority is declared to be public property used for essential public and governmental purposes and such property and an authority shall be exempt from all taxes and special assessments of the State or any State public body thereof; provided however, that in lieu of such taxes or special assessments, the authority may agree to make payments to the State public body for improvements, services, and facilities furnished by such State public body for the benefit of the housing project, but in no event shall the payments exceed the estimated cost to such State public body of the improvements, services, or facilities to be so furnished.

1961, No. 212 , § 20, eff. July 11, 1961.

History

Prior law. 24 V.S.A. § 4018.

ANNOTATIONS

1. Exemption.

Under constitution and laws of State, housing authorities formed and acting under provisions of this chapter are exempt from all real and personal property taxes imposed by every political entity within State, including State. 1960-62 Op. Atty. Gen. 115.

Even without declaration in this section, housing authority property is exempt under general exemption in § 3802, subsec. (4), of Title 32. 1960-62 Op. Atty. Gen. 115.

Law review commentaries

Law review. For note, "Vermont's Act 183: Smart Growth Takes Root in the Green Mountain State," see 32 Vt. L. Rev. 583 (2008).

§ 4021. Governmental services and contracts.

In connection with any housing project located within the area in which it is authorized to act, any State public body may contract with the housing authority with respect to the sum or sums, if any, which the housing authority may agree to pay, during any year or period of years, to the State public body for the improvements, services, and facilities to be furnished by it, for the benefit of said housing project, but in no event shall the amount of such payments exceed the estimated cost to the State public body of the improvements, services, or facilities to be so furnished: provided however, that the absence of a contract for such payments shall in no way relieve any State public body from the duty to furnish, for the benefit of said housing project, customary improvements and such services and facilities as such State public body furnishes customarily without a service fee.

1961, No. 212 , § 21, eff. July 11, 1961.

History

Prior law. 24 V.S.A. § 4020.

§ 4022. Powers.

For the purpose of aiding and cooperating in the planning, undertaking, construction, or operation of housing projects, located within the area in which it is authorized to act, any State public body may upon such terms, with or without consideration, as it may determine:

dedicate, sell, convey, or lease any of its interest in any property or grant easements, licenses, or any other rights or privileges therein, to a housing authority or the federal government;
cause parks, playgrounds, recreational, community, educational, water, sewer or drainage facilities, or any other works which it is otherwise empowered to undertake, to be furnished adjacent to or in connection with housing projects;
furnish, dedicate, close, pave, install, grade, regrade, plan, or replan streets, roads, roadways, alleys, sidewalks, or other places which it is otherwise empowered to undertake;
plan or replan, zone or rezone, any part of such State public body; make exceptions from building regulations and ordinances; any city may also change its map;
cause services to be furnished to the housing authority of the character which such State public body is otherwise empowered to furnish;
enter into agreements with respect to the exercise by such State public body of its powers relating to the repair, closing, or demolition of unsafe, unsanitary, or unfit dwellings;
employ, notwithstanding the provisions of any other law, any funds belonging to or within the control of such State public body, including funds derived from the sale of furnishings or property or facilities to a housing authority, in the purchase of the bonds or other obligations of the housing authority; and exercise all rights of any holder of such bonds or other obligations;
enter into agreements, which may extend over any period, notwithstanding any provision or rule of law to the contrary, with a housing authority or the federal government respecting the exercise by such State public body of any of the powers herein granted;
do any and all things necessary or convenient to aid and cooperate in the planning, undertaking, construction, or operation of such housing projects; and
in connection with any public improvements made by a State public body exercising the powers herein granted, such State public body may incur the entire expense thereof.
1961, No. 212 , § 22, eff. July 11, 1961.

History

Revision note. In subdiv. (7), changed "the sale or furnishings of property or facilities" to "the sale of furnishings or property or facilities".

Prior law. 24 V.S.A. § 4021.

§ 4023. Appropriation.

When any housing authority which is created for any municipality becomes authorized to transact business and exercise its powers therein, the governing body of such municipality shall immediately make an estimate of the amount of money necessary for the administrative expenses and overhead of such housing authority during the first year thereafter and shall appropriate such amount to the authority out of any monies in the treasury of such municipality not appropriated to some other purpose. The money so appropriated shall be paid to the authority as a donation. Any municipality located within the area of operation of a housing authority shall have the power from time to time to lend or donate money to the authority. The housing authority, when it has money available therefore, shall make reimbursement for all loans made to it.

1961, No. 212 , § 23, eff. July 11, 1961.

History

Prior law. 24 V.S.A. § 4022.

§ 4024. Exercise of authority.

The exercise by a State public body of the powers granted in this chapter may be authorized by resolution of the governing body of such State public body adopted by a majority of the members thereof present at a meeting of said governing body. Such resolution or resolutions shall take effect immediately upon passage and need not thereafter be laid over or published or posted.

1961, No. 212 , § 24, eff. July 11, 1961.

History

Prior law. 24 V.S.A. § 4023.

§ 4025. Report.

At least once a year, an authority shall file with the clerk a report of its activities for the preceding year and shall make recommendations with reference to such additional legislation or other actions as it deems necessary in order to carry out the purpose of this chapter.

Amended 1961, No. 212 , § 25, eff. July 11, 1961; 1967, No. 332 (Adj. Sess.), § 6, eff. March 23, 1968; 2011, No. 139 (Adj. Sess.), § 20, eff. May 14, 2012.

History

Amendments--2011 (Adj. Sess.). Deleted "(or in the case of the state authority, with the governor)" following "clerk".

Amendments--1967 (Adj. Sess.). Added provisions relating to "the state authority".

Prior law. 24 V.S.A. § 4024.

§ 4026. Inconsistent acts.

As far as the provisions of this chapter are inconsistent with any other law, including special act or municipal charter, this chapter shall control.

Added 1966, No. 69 (Sp. Sess.), § 11, eff. March 14, 1966.

History

Prior law. 24 V.S.A. § 4025.

§ 4027. Joint municipal housing authorities.

The governing bodies of two or more municipalities may, pursuant to and in the manner set forth in section 4003 of this title, adopt a resolution to establish a housing authority for such municipalities. When the governing bodies of two or more towns adopt such a resolution, they shall also appoint, in the manner set forth in section 4004 of this title, five persons as the commissioners of the authority established. A housing authority established pursuant to this section shall have the same powers and responsibilities as a housing authority established for a single municipality.

Added 1977, No. 27 , § 2.

CHAPTER 115. MUNICIPAL COMPACTS FOR JOINT OPERATIONS

Sec.

§§ 4101-4109. Repealed. 1969, No. 197 (Adj. Sess.), § 2.

History

Former §§ 4101-4109. Former §§ 4101-4109, relating to municipal compacts for joint operations, were derived from 1963, No. 210 , §§ 1-9 and amended by 1967, No. 327 (Adj. Sess.) § 2. The subject matter is now covered by chapter 121 of this title.

CHAPTER 117. MUNICIPAL AND REGIONAL PLANNING AND DEVELOPMENT

SUBCHAPTER 1. GENERAL PROVISIONS; DEFINITIONS

SUBCHAPTER 2. MUNICIPAL PLANNING COMMISSIONS

SUBCHAPTER 3. REGIONAL PLANNING COMMISSIONS

SUBCHAPTER 4. REGIONAL DEVELOPMENT [REPEALED.]

SUBCHAPTER 5. MUNICIPAL DEVELOPMENT PLAN

SUBCHAPTER 6. IMPLEMENTATION OF PLAN

SUBCHAPTER 7. BYLAWS

SUBCHAPTER 8. NONREGULATORY IMPLEMENTATION OF THE MUNICIPAL PLAN

SUBCHAPTER 9. ADOPTION, ADMINISTRATION, AND ENFORCEMENT

SUBCHAPTER 10. APPROPRIATE MUNICIPAL PANELS

SUBCHAPTER 11. APPEALS

SUBCHAPTER 12. CONSTRUCTION OF ACT, SAVING CLAUSE, SEVERABILITY

SUBCHAPTER 13. ANNUAL HOUSING REPORTS

History

Application. 2003, No. 115 (Adj. Sess.), § 119(a), as amended by 2003, No. 122 (Adj. Sess.), § 296, provided: "Secs. 83 through 109 of this act pertaining to local planning and bylaws shall take effect July 1, 2004, except as provided in 24 V.S.A. § 4481.

24 V.S.A. § 4481 provides: "The amendment of this chapter [chapter 117] and the repeal of prior enabling laws relating to zoning ordinances, subdivision regulations, or bylaws or any ordinance or regulation similar to a bylaw authorized by this chapter shall not invalidate any zoning ordinance, subdivision regulation, or bylaw or any such ordinance or regulation enacted under those prior enabling laws, except as follows. Effective September 1, 2005, the provisions of sections 4412 and 4413 of this title, and the provisions of subchapters 9, 10, and 11 of this chapter and the related definitions in section 4302 of this title, shall control over any inconsistent municipal regulations, ordinances or bylaws. With respect to other provisions of this chapter, any previously enacted zoning ordinance, subdivision regulation, bylaw, or such similar ordinance or regulation shall be amended to conform with the provisions of this chapter by September 1, 2011."

Cross References

Cross references. Acquisition of agricultural land development rights, see 6 V.S.A. § 31 et seq.

Economic development grants, see § 2780 et seq. of this title.

Impact fees, see § 5200 et seq. of this title.

State land use and development plans (Act 250), see 10 V.S.A. § 6001 et seq.

ANNOTATIONS

Analysis

1. Delegated authority.
2. Plans.

1. Delegated authority.

Vermont Planning and Development Act provides ample guidance to regional commissions regarding the development of regional plans in that the law identifies a legislative purpose for planning generally, it lists specific goals with which regional plans must be consistent, it identifies the duties of regional planning commissions and required elements for regional plans, and it provides procedural requirements for adopting plans, including the opportunity for public hearing and comment. Given this extensive statutory scheme, requiring regional commissions to define a substantial regional impact as part of developing a regional plan does not constitute an unlawful delegation. In re B&M Realty, LLC, 203 Vt. 438, 158 A.3d 754 (2016).

The power of a municipality to accomplish zoning exists by virtue of authority delegated from the State, and may be exercised only in accordance with that delegation, subject to any terms and conditions imposed by the State. State v. Sanguinetti, 141 Vt. 349, 449 A.2d 922 (1982).

2. Plans.

Under this chapter planning commissions seek to promote comprehensive plans for the future development of municipalities and regions based primarily upon public welfare which contemplate consideration of additional factors such as conservation, human relations, etc., on a long range basis. 1966-68 Op. Atty. Gen. 30. (Decided under prior law.)

Cited. In re Pyramid Co., 141 Vt. 294, 449 A.2d 915 (1982); In re McDonald's Corp., 146 Vt. 380, 505 A.2d 1202 (1985).

Law review commentaries

Law review. Design review ordinances, see 7 Vt. L. Rev. 363 (1983).

Farmland preservation in Vermont and the creative use of land trusts, see 11 Vt. L. Rev. 603 (1986).

Proposal for improving Vermont's statutory requirement for planned unit development, see 14 Vt. L. Rev. 591 (1990).

Transferable development rights in Vermont, see 13 Vt. L. Rev. 715 (1989).

Zoning variance administration in Vermont, see Vt. L. Rev. 603 (1986).

Subchapter 1. General Provisions; Definitions

§ 4301. Short title.

This chapter may be referred to as the Vermont Planning and Development Act.

Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968.

ANNOTATIONS

1. Jurisdiction.

Because a landowner's claim that new zoning regulations violated the chapter governing municipal and regional planning and development was a statutory claim - not a constitutional claim - it belonged in the Environmental Division. Gould v. Town of Monkton, 202 Vt. 535, 150 A.3d 1084 (2016).

Through its 2009 reorganization of the Superior Court, the Legislature not only divested the Civil Division of exclusive jurisdiction over matters arising under the chapter governing municipal and regional planning and development but also granted exclusive jurisdiction to the Environmental Division. When viewed together, the plain language of the statutes governing the jurisdiction of the Civil and Environmental Divisions make this clear. Gould v. Town of Monkton, 202 Vt. 535, 150 A.3d 1084 (2016).

History

Law review commentaries

Law review. For article, "The 'Malling' of Vermont: Can the 'Growth Center' Designation Save the Traditional Village from Suburban Sprawl," see 21 Vt. L. Rev. 929 (1997).

§ 4302. Purpose; goals.

General purposes. It is the intent and purpose of this chapter to encourage the appropriate development of all lands in this State by the action of its constituent municipalities and regions, with the aid and assistance of the State, in a manner which will promote the public health, safety against fire, floods, explosions, and other dangers; to promote prosperity, comfort, access to adequate light and air, convenience, efficiency, economy, and general welfare; to enable the mitigation of the burden of property taxes on agricultural, forest, and other open lands; to encourage appropriate architectural design; to encourage the development of renewable resources; to protect residential, agricultural, and other areas from undue concentrations of population and overcrowding of land and buildings, from traffic congestion, from inadequate parking and the invasion of through traffic, and from the loss of peace, quiet, and privacy; to facilitate the growth of villages, towns, and cities and of their communities and neighborhoods so as to create an optimum environment, with good civic design; to encourage development of a rich cultural environment and to foster the arts; and to provide means and methods for the municipalities and regions of this State to plan for the prevention, minimization, and future elimination of such land development problems as may presently exist or which may be foreseen and to implement those plans when and where appropriate. In implementing any regulatory power under this chapter, municipalities shall take care to protect the constitutional right of the people to acquire, possess, and protect property.
It is also the intent of the Legislature that municipalities, regional planning commissions, and State agencies shall engage in a continuing planning process that will further the following goals:
1. To establish a coordinated, comprehensive planning process and policy framework to guide decisions by municipalities, regional planning commissions, and State agencies.
2. To encourage citizen participation at all levels of the planning process, and to assure that decisions shall be made at the most local level possible commensurate with their impact.
3. To consider the use of resources and the consequences of growth and development for the region and the State, as well as the community in which it takes place.
4. To encourage and assist municipalities to work creatively together to develop and implement plans.
In addition, this chapter shall be used to further the following specific goals:
1. To plan development so as to maintain the historic settlement pattern of compact village and urban centers separated by rural countryside.
  1. Intensive residential development should be encouraged primarily in areas related to community centers, and strip development along highways should be discouraged.
  2. Economic growth should be encouraged in locally designated growth areas, employed to revitalize existing village and urban centers, or both, and should be encouraged in growth centers designated under chapter 76A of this title.
  3. Public investments, including the construction or expansion of infrastructure, should reinforce the general character and planned growth patterns of the area.
  4. Development should be undertaken in accordance with smart growth principles as defined in subdivision 2791(13) of this title.
2. To provide a strong and diverse economy that provides satisfying and rewarding job opportunities and that maintains high environmental standards, and to expand economic opportunities in areas with high unemployment or low per capita incomes.
3. To broaden access to educational and vocational training opportunities sufficient to ensure the full realization of the abilities of all Vermonters.
4. To provide for safe, convenient, economic, and energy efficient transportation systems that respect the integrity of the natural environment, including public transit options and paths for pedestrians and bicyclers.
  1. Highways, air, rail, and other means of transportation should be mutually supportive, balanced, and integrated.
5. To identify, protect, and preserve important natural and historic features of the Vermont landscape, including:
  1. significant natural and fragile areas;
  2. outstanding water resources, including lakes, rivers, aquifers, shorelands, and wetlands;
  3. significant scenic roads, waterways, and views;
  4. important historic structures, sites, or districts, archaeological sites, and archaeologically sensitive areas.
6. To maintain and improve the quality of air, water, wildlife, forests, and other land resources.
  1. Vermont's air, water, wildlife, mineral, and land resources should be planned for use and development according to the principles set forth in 10 V.S.A. § 6086(a) .
  2. Vermont's water quality should be maintained and improved according to the policies and actions developed in the basin plans established by the Secretary of Natural Resources under 10 V.S.A. § 1253 .
  3. Vermont's forestlands should be managed so as to maintain and improve forest blocks and habitat connectors.
7. To make efficient use of energy, provide for the development of renewable energy resources, and reduce emissions of greenhouse gases.
  1. General strategies for achieving these goals include increasing the energy efficiency of new and existing buildings; identifying areas suitable for renewable energy generation; encouraging the use and development of renewable or lower emission energy sources for electricity, heat, and transportation; and reducing transportation energy demand and single occupancy vehicle use.
  2. Specific strategies and recommendations for achieving these goals are identified in the State energy plans prepared under 30 V.S.A. §§ 202 and 202b.
8. To maintain and enhance recreational opportunities for Vermont residents and visitors.
  1. Growth should not significantly diminish the value and availability of outdoor recreational activities.
  2. Public access to noncommercial outdoor recreational opportunities, such as lakes and hiking trails, should be identified, provided, and protected wherever appropriate.
9. To encourage and strengthen agricultural and forest industries.
  1. Strategies to protect long-term viability of agricultural and forestlands should be encouraged and should include maintaining low overall density.
  2. The manufacture and marketing of value-added agricultural and forest products should be encouraged.
  3. The use of locally-grown food products should be encouraged.
  4. Sound forest and agricultural management practices should be encouraged.
  5. Public investment should be planned so as to minimize development pressure on agricultural and forest land.
10. To provide for the wise and efficient use of Vermont's natural resources and to facilitate the appropriate extraction of earth resources and the proper restoration and preservation of the aesthetic qualities of the area.
11. To ensure the availability of safe and affordable housing for all Vermonters.
  1. Housing should be encouraged to meet the needs of a diversity of social and income groups in each Vermont community, particularly for those citizens of low and moderate income.
  2. New and rehabilitated housing should be safe, sanitary, located conveniently to employment and commercial centers, and coordinated with the provision of necessary public facilities and utilities.
  3. Sites for multi-family and manufactured housing should be readily available in locations similar to those generally used for single-family conventional dwellings.
  4. Accessory apartments within or attached to single-family residences which provide affordable housing in close proximity to cost-effective care and supervision for relatives, elders, or persons who have a disability should be allowed.
12. To plan for, finance, and provide an efficient system of public facilities and services to meet future needs.
  1. Public facilities and services should include fire and police protection, emergency medical services, schools, water supply, and sewage and solid waste disposal.
  2. The rate of growth should not exceed the ability of the community and the area to provide facilities and services.
13. To ensure the availability of safe and affordable child care and to integrate child care issues into the planning process, including child care financing, infrastructure, business assistance for child care providers, and child care work force development.
14. To encourage flood resilient communities.
  1. New development in identified flood hazard, fluvial erosion, and river corridor protection areas should be avoided. If new development is to be built in such areas, it should not exacerbate flooding and fluvial erosion.
  2. The protection and restoration of floodplains and upland forested areas that attenuate and moderate flooding and fluvial erosion should be encouraged.
  3. Flood emergency preparedness and response planning should be encouraged.
All plans and regulations prepared under the authority of this chapter shall be based upon surveys of existing conditions and probable future trends, and shall be made in the light of present and future growth and requirements, and with reasonable consideration, for the landowner, to topography, to needs and trends of the municipality, the region and the State, to the character of each area and to its peculiar suitability for particular uses in relationship to surrounding areas, and with a view to conserving the value of buildings.
Use of goals.
1. The goals established in this section shall be employed, as provided under this chapter, to carry out the general purposes established in this section.
2. After July 1, 1989, none of the following shall be prepared or adopted, unless consistent with the goals established in this section:
  1. all plans prepared by regional planning commissions, and all plans required of State agencies under 3 V.S.A. § 4020 ;
  2. measures implementing State agency plans.
Standard of review.
1. As used in this chapter, "consistent with the goals" requires substantial progress toward attainment of the goals established in this section, unless the planning body determines that a particular goal is not relevant or attainable. If such a determination is made, the planning body shall identify the goal in the plan and describe the situation, explain why the goal is not relevant or attainable, and indicate what measures should be taken to mitigate any adverse effects of not making substantial progress toward that goal. The determination of relevance or attainability shall be subject to review as part of a consistency determination under this chapter.
2. As used in this chapter, for one plan to be "compatible with" another, the plan in question, as implemented, will not significantly reduce the desired effect of the implementation of the other plan. If a plan, as implemented, will significantly reduce the desired effect of the other plan, the plan may be considered compatible if it includes the following:
  1. a statement that identifies the ways that it will significantly reduce the desired effect of the other plan;
  2. an explanation of why any incompatible portion of the plan in question is essential to the desired effect of the plan as a whole;
  3. an explanation of why, with respect to any incompatible portion of the plan in question, there is no reasonable alternative way to achieve the desired effect of the plan; and
  4. an explanation of how any incompatible portion of the plan in question has been structured to mitigate its detrimental effects on the implementation of the other plan.
    Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1969, No. 116 , § 1; 1979, No. 174 (Adj. Sess.), § 1; 1987, No. 200 (Adj. Sess.), § 7, eff. July 1, 1989; 1989, No. 280 (Adj. Sess.), § 1; 1991, No. 130 (Adj. Sess.), § 1; 2003, No. 67 , § 7b; 2003, No. 115 (Adj. Sess.), § 82; 2013, No. 16 , § 1, eff. July 1, 2014; 2013, No. 96 (Adj. Sess.), § 161; 2013, No. 146 (Adj. Sess.), § 4, eff. May 27, 2014; 2015, No. 64 , § 27; 2015, No. 171 (Adj. Sess.), § 14; 2015, No. 174 (Adj. Sess.), § 2.

History

Amendments--2015 (Adj. Sess.). Subdiv. (c)(6): Act No. 171 substituted "forests, and other land resources" for "and land resources".

Subdiv. (c)(6)(C): Added by Act No. 171.

Subdiv. (c)(7): Act No. 174 substituted "To make efficient use of energy, provide for the development of renewable energy resources, and reduce emissions of greenhouse gases" for "To encourage the efficient use of energy and, the development of renewable energy resources".

Subdivs. (c)(7)(A) and (c)(7)(B): Added by Act No. 174.

Subdiv. (c)(9)(A): Act 171 substituted "forestlands" for "forest lands".

Amendments--2015. Subdiv. (c)(6)(B): Added.

Amendments--2013 (Adj. Sess.). Subdiv. (c)(1)(B): Added ", and should be encouraged in growth centers designated under chapter 76A of this title".

Subdivs. (c)(1)(C) and (c)(1)(D): Added by Act No. 146.

Subdiv. (c)(11)(D): Act No. 96 substituted "single-family" for "single family" following "attached to" and ", elders, or persons who have a disability" for "disabled or elderly persons" following "relatives".

Amendments--2013. Subdiv. (c)(14): Added.

Amendments--2003 (Adj. Sess.). Subsec. (a): Added the second sentence.

Amendments--2003. Subdiv. (c)(13): Added.

Amendments--1991 (Adj. Sess.). Subdiv. (c)(11)(D): Added.

Amendments--1989 (Adj. Sess.). Rewrote subsec. (a), added new subsecs. (b) and (c), redesignated former subsecs. (b) and (c) as subsecs. (d) and (e), respectively, rewrote subdiv. (e)(2)(B) and deleted subdivs. (e)(2)(C) and (e)(3), redesignated former subsec. (d) as subsec. (f), and rewrote subdiv. (1) of that subsec.

Amendments--1987 (Adj. Sess.). Section amended generally.

Amendments--1979 (Adj. Sess.). Subdiv. (a)(12): Added.

Amendments--1969. Subsec. (b): Added reference to landowner.

ANNOTATIONS

Analysis

1. Generally.
2. Constitutional law.
3. Validity of ordinances.
4. Spot zoning.

1. Generally .

Certain recreational uses of private property plainly fall outside the rudiments of zoning, the primary purpose of which is to manage municipal and regional growth and development in an organized fashion, not to regulate the incidental recreational activities of private property owners. In re Scheiber, 168 Vt. 534, 724 A.2d 475 (1998).

2. Constitutional law.

Exercise of police power to institute zoning is constitutional without compensating the affected properties for loss of value, conditioned on there remaining in the owner some practical use of his land and conditioned on existence of a public good or benefit of sufficient magnitude to justify the burdening of the affected property. Galanes v. Town of Brattleboro, 136 Vt. 235, 388 A.2d 406 (1978).

3. Validity of ordinances.

It is the clear intent of the Legislature that zoning ordinances may be intended in whole or in part to protect aesthetics, and no greater level of support in a town plan is required for ordinances based on aesthetic considerations than for other ordinances. Town of Sandgate v. Colehamer, 156 Vt. 77, 589 A.2d 1205 (1990).

When validity of zoning ordinance is questioned, key constitutional concern is that the zoning authority is exercised in a manner consistent with the proper limits of the police power, and that power requires reference to the public health, safety, morals, or general welfare. Galanes v. Town of Brattleboro, 136 Vt. 235, 388 A.2d 406 (1978).

Zoning law being in derogation of private property rights, municipalities must strictly comply with the statutory mandates, but zoning enactments are entitled to presumption of validity. Galanes v. Town of Brattleboro, 136 Vt. 235, 388 A.2d 406 (1978).

4. Spot zoning.

In zoning law, spot zoning, which is usually condemned, is the singling out of a small parcel or a single lot and zoning it for a use classification different from the surrounding area and inconsistent with any comprehensive plan, or zoning it to avoid a use permitted by existing law. Galanes v. Town of Brattleboro, 136 Vt. 235, 388 A.2d 406 (1978).

Where strip of land 200 feet deep on each side of avenue for 1,000 feet was rezoned from "Roadside Commercial" to "Neighborhood Business," thereby greatly reducing the types of commercial enterprises which could be carried on, and disallowing gas station which plaintiffs wanted to build and could have built under the "Roadside Commercial" designation, there was no confiscation of plaintiffs' property without due process, or denial of equal protection, and lower court improperly found rezoning unreasonable and void as applied to plaintiffs' land on the ground that it was reverse spot zoning for the private benefit of the present enterprises in the area and an attempt to prevent expansion of nonresidential use and limit commercial use which was contrary to the public good. Galanes v. Town of Brattleboro, 136 Vt. 235, 388 A.2d 406 (1978).

Cited. City of Rutland v. McDonald's Corp., 146 Vt. 324, 503 A.2d 1138 (1985); City of St. Albans v. Northwest Regional Planning Comm'n, 167 Vt. 466, 708 A.2d 194 (1998).

Law review commentaries

Law review. For note, "Vermont's Act 183: Smart Growth Takes Root in the Green Mountain State," see 32 Vt. L. Rev. 583 (2008).

§ 4303. Definitions.

The following definitions shall apply throughout this chapter unless the context otherwise requires:

"Affordable housing" means either of the following:
1. Owner-occupied housing for which the total annual cost of ownership, including principal, interest, taxes, insurance, and condominium association fees, does not exceed 30 percent of the gross annual income of a household at 120 percent of the highest of the following:
  1. the county median income, as defined by the U.S. Department of Housing and Urban Development;
  2. the standard metropolitan statistical area median income if the municipality is located in such an area, as defined by the U.S. Department of Housing and Urban Development; or
  3. the statewide median income, as defined by the U.S. Department of Housing and Urban Development.
2. Rental housing for which the total annual cost of renting, including rent, utilities, and condominium association fees, does not exceed 30 percent of the gross annual income of a household at 80 percent of the highest of the following:
  1. the county median income, as defined by the U.S. Department of Housing and Urban Development;
  2. the standard metropolitan statistical area median income if the municipality is located in such an area, as defined by the U.S. Department of Housing and Urban Development; or
  3. the statewide median income, as defined by the U.S. Department of Housing and Urban Development.
"Affordable housing development" means a housing development of which at least 20 percent of the units or a minimum of five units, whichever is greater, are affordable housing units. Affordable units shall be subject to covenants or restrictions that preserve their affordability for a minimum of 15 years or longer as provided in municipal bylaws.
"Appropriate municipal panel" means a planning commission performing development review, a board of adjustment, a development review board, or a legislative body performing development review.
"Bylaws" means municipal regulations applicable to land development adopted under the authority of this chapter.
"Capacity study" means an inventory of available natural and human-made resources, based on detailed data collection, that identifies the capacities and limits of those resources to absorb land development. Data gathered, relevant to the geographic information system, shall be compatible with, useful to, and shared with the geographic information system established under 3 V.S.A. § 20 .
"Conformance with the plan" means a proposed implementation tool, including a bylaw or bylaw amendment that is in accord with the municipal plan in effect at the time of adoption, when the bylaw or bylaw amendment includes all the following:
1. Makes progress toward attaining, or at least does not interfere with, the goals and policies contained in the municipal plan.
2. Provides for proposed future land uses, densities, and intensities of development contained in the municipal plan.
3. Carries out, as applicable, any specific proposals for community facilities, or other proposed actions contained in the municipal plan.
"Element" means a component of a plan.
"Flood hazard area" for purposes of sections 4348a, 4382, 4411, 4424, and 4469 of this title shall have the same meaning as "area of special flood hazard" under 44 C.F.R. § 59.1. Further, with respect to flood, river corridor protection area, and other hazard area regulation pursuant to this chapter, the following terms shall have the following meanings:
1. "Floodproofing" shall have the same meaning as "flood proofing" under 44 C.F.R. § 59.1.
2. "Floodway" shall have the same meaning as "regulatory floodway" under 44 C.F.R. § 59.1.
3. "Hazard area" means land subject to landslides, soil erosion, fluvial erosion, earthquakes, water supply contamination, or other natural or human-made hazards as identified within a "local mitigation plan" enacted under section 4424 of this title and in conformance with and approved pursuant to the provisions of 44 C.F.R. § 201.6.
4. "National Flood Insurance Program" means the National Flood Insurance Program under 42 U.S.C. chapter 50 and implementing federal regulations in 44 C.F.R. parts 59 and 60.
5. "New construction" means construction of structures or filling commenced on or after the effective date of the adoption of a community's flood hazard bylaws.
6. "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. However, the term does not include either of the following:
  1. Any project or improvement of a structure to comply with existing State or local health, sanitary, or safety code specifications that are solely necessary to assure safe living conditions.
  2. Any alteration of a structure listed on the National Register of Historic Places or a State inventory of historic places.
7. "Equilibrium condition" means the width, depth, meander pattern, and longitudinal slope of a stream channel that occurs when water flow, sediment, and woody debris are transported by the stream in such a manner that it generally maintains dimensions, pattern, and slope without unnaturally aggrading or degrading the channel bed elevation.
8. "Fluvial erosion" means the erosion or scouring of riverbeds and banks during high flow conditions of a river.
9. "River" means the full length and width, including the bed and banks, of any watercourse, including rivers, streams, creeks, brooks, and branches which experience perennial flow. "River" does not mean constructed drainageways, including water bars, swales, and roadside ditches.
10. "River corridor" means the land area adjacent to a river that is required to accommodate the dimensions, slope, planform, and buffer of the naturally stable channel and that is necessary for the natural maintenance or natural restoration of a dynamic equilibrium condition and for minimization of fluvial erosion hazards, as delineated by the Agency of Natural Resources in accordance with river corridor protection procedures.
11. "River corridor protection area" means the area within a delineated river corridor subject to fluvial erosion that may occur as a river establishes and maintains the dimension, pattern, and profile associated with its dynamic equilibrium condition and that would represent a hazard to life, property, and infrastructure placed within the area.
"Legislative body" means the selectboard in the case of a town, the trustees in the case of an incorporated village, and the mayor, alderpersons, and city council members in the case of a city, and the supervisor in the case of an unorganized town or gore.
"Land development" means the division of a parcel into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any building or other structure, or of any mining, excavation, or landfill, and any change in the use of any building or other structure, or land, or extension of use of land.
"Municipal land use permit" means any of the following whenever issued:
1. A zoning, subdivision, site plan, or building permit or approval, any of which relate to "land development" as defined in this section, that has received final approval from the applicable board, commission, or officer of the municipality.
2. A wastewater system permit issued under any municipal ordinance adopted pursuant to chapter 102 of this title.
3. Final official minutes of a meeting that relate to a permit or approval described in subdivision (11)(A) or (B) of this section that serve as the sole evidence of that permit or approval.
4. A certificate of occupancy, certificate of compliance, or similar certificate that relates to the permits or approvals described in subdivision (11)(A) or (B) of this section, if the bylaws so require.
5. An amendment of any of the documents listed in subdivisions (11)(A) through (D) and (F) of this section.
6. A certificate of approved location for a salvage yard issued under subchapter 10 of chapter 61 of this title.
"Municipality" means a town, a city, or an incorporated village or an unorganized town or gore. An incorporated village shall be deemed to be within the jurisdiction of a town for the purposes of this chapter, except to the extent that a village adopts its own plan and one or more bylaws either before, concurrently with, or subsequent to such action by the town, in which case the village shall have all authority granted a municipality under this chapter and the plans and bylaws of the town shall not apply during such period of time that said village plan and bylaws are in effect.
"Nonconforming lots or parcels" means lots or parcels that do not conform to the present bylaws covering dimensional requirements but were in conformance with all applicable laws, ordinances, and regulations prior to the enactment of the present bylaws, including a lot or parcel improperly authorized as a result of error by the administrative officer.
"Nonconforming structure" means a structure or part of a structure that does not conform to the present bylaws but was in conformance with all applicable laws, ordinances, and regulations prior to the enactment of the present bylaws, including a structure improperly authorized as a result of error by the administrative officer.
"Nonconforming use" means use of land that does not conform to the present bylaws but did conform to all applicable laws, ordinances, and regulations prior to the enactment of the present bylaws, including a use improperly authorized as a result of error by the administrative officer.
"Nonconformity" means a nonconforming use, structure, lot, or parcel.
"Person" means an individual, a corporation, a partnership, an association, and any other incorporated or unincorporated organization or group.
"Plan" means a municipal plan adopted under section 4385 of this title.
"Planned unit development" means one or more lots, tracts, or parcels of land to be developed as a single entity, the plan for which may propose any authorized combination of density or intensity transfers or increases, as well as the mixing of land uses. This plan, as authorized, may deviate from bylaw requirements that are otherwise applicable to the area in which it is located with respect to lot size, bulk, or type of dwelling or building, use, density, intensity, lot coverage, parking, required common open space, or other standards.
"Planning commission" means a planning commission for a municipality created under subchapter 2 of this chapter.
"Public notice" means the form of notice prescribed by section 4444, 4449, or 4464 of this title, as the context requires.
"Regional plan" means a plan adopted under section 4348 of this title.
"Regional planning commission" means a planning commission for a region created under subchapter 3 of this chapter.
"Renewable energy resources" means energy available for collection or conversion from direct sunlight, wind, running water, organically derived fuels, including wood and agricultural sources, waste heat, and geothermal sources.
"Rural town" means a town having, as at the date of the most recent U.S. census, a population of less than 2,500 persons, as evidenced by that census, or a town having 2,500 or more but less than 5,000 persons that has voted by Australian ballot to be considered a rural town.
"Should" means that an activity is encouraged but not mandated.
"Structure" means an assembly of materials for occupancy or use, including a building, mobile home or trailer, sign, wall, or fence.
"Technical deficiency" means a defect in a proposed plan or bylaw, or an amendment or repeal thereof, correction of which does not involve substantive change to the proposal, including corrections to grammar, spelling, and punctuation, as well as the numbering of sections.
"Telecommunications facility" means a tower or other support structure, including antennae, that will extend 20 or more feet vertically, and related equipment, and base structures to be used primarily for communication or broadcast purposes to transmit or receive communication or broadcast signals.
"Transit pass" means any pass, token, fare card, voucher, or similar item entitling a person to transportation to and from work on mass transit facilities and provided by an employer consistent with Internal Revenue Code Section 132(f).
"Urban municipality" means a city, an incorporated village, or any town that is not a rural town.
"Wetlands" means those areas of the State that are inundated by surface or groundwater with a frequency sufficient to support vegetation or aquatic life that depend on saturated or seasonally saturated soil conditions for growth and reproduction. Such areas include marshes, swamps, sloughs, potholes, fens, river and lake overflows, mud flats, bogs, and ponds, but excluding such areas as grow food or crops in connection with farming activities.
"Public road" means a State highway as defined in 19 V.S.A. § 1 or a class 1, 2, or 3 town highway as defined in 19 V.S.A. § 302(a) . A municipality may, at its discretion, define a public road to also include a class 4 town highway as defined in 19 V.S.A. § 302(a) .
"Forest block" means a contiguous area of forest in any stage of succession and not currently developed for nonforest use. A forest block may include recreational trails, wetlands, or other natural features that do not themselves possess tree cover, and uses exempt from regulation under subsection 4413(d) of this title.
"Forest fragmentation" means the division or conversion of a forest block by land development other than by a recreational trail or use exempt from regulation under subsection 4413(d) of this title.
"Habitat connector" means land or water, or both, that links patches of wildlife habitat within a landscape, allowing the movement, migration, and dispersal of animals and plants and the functioning of ecological processes. A habitat connector may include recreational trails and uses exempt from regulation under subsection 4413(d) of this title. In a plan or other document issued pursuant to this chapter, a municipality or regional plan commission may use the phrase "wildlife corridor" in lieu of "habitat connector."
"Recreational trail" means a corridor that is not paved and that is used for hiking, walking, bicycling, cross-country skiing, snowmobiling, all-terrain vehicle riding, horseback riding, and other similar recreational activity.
Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1969, No. 116 , § 2; 1969, No. 223 (Adj. Sess.), § 2, eff. March 31, 1970; 1971, No. 78 , § 3, eff. April 16, 1971; 1971, No. 257 (Adj. Sess.), § 20, eff. April 11, 1972; 1973, No. 261 (Adj. Sess.), § 1, eff. July 1, 1974; 1975, No. 164 (Adj. Sess.), § 1; 1979, No. 174 (Adj. Sess.), § 2; 1981, No. 132 (Adj. Sess.), §§ 1, 1a, 2, 2a; 1985, No. 188 (Adj. Sess.), § 6; 1987, No. 200 (Adj. Sess.), § 17, eff. July 1, 1989; 1989, No. 280 (Adj. Sess.), § 2; 1995, No. 122 (Adj. Sess.), § 1, eff. Apr. 25, 1996; 1997, No. 94 (Adj. Sess.), § 6, eff. April 15, 1998; 1999, No. 46 , § 4, eff. May 26, 1999; 1999, No. 161 (Adj. Sess.), § 7; 2003, No. 115 (Adj. Sess.), § 83; 2009, No. 93 (Adj. Sess.), § 5; 2011, No. 138 (Adj. Sess.), § 11, eff. May 14, 2012; 2011, No. 155 (Adj. Sess.), § 13; 2013, No. 16 , § 2, eff. July 1, 2014; 2013, No. 34 , § 14; 2015, No. 171 (Adj. Sess.), § 15, eff. Jan. 1, 2018; 2017, No. 69 , § H.2, eff. June 28, 2017.

History

Reference in text. 2007. The United States Department of Housing and Urban Development, referred to in subdivs. (1)(A) and (B), is codified as 42 U.S.C. § 3531 et seq.

The National Register of Historic Places, referred to in subdiv. (8)(E)(ii), is codified as 16 U.S.C. § 470a.

The reference to 3 V.S.A. § 20, referred to in subdiv. (5), was repealed by 1993, No. 204 (Adj. Sess.), § 3, eff. June 17, 1994.

The reference to Internal Revenue Code Section 132(f), referred to in subdiv. (30), is codified as 26 U.S.C. § 132(f).

Amendments--2017. Subdiv. (1) Amended generally.

Amendments--2015 (Adj. Sess.). Subdivs. (34) through (37): Added.

Amendments--2013. Subdiv. (8): Act 16, eff. July 1, 2014, substituted "sections 4338a, 4382, 4411, 4424, and 4469" for "section 4424".

Subdiv. (8): Act 34 substituted "sections 4411, 4424, and 4469" for "section 4424".

Amendments--2011 (Adj. Sess.). Subdiv. (8): Amended generally by Act No. 138.

Subdiv. (33): Added by Act No. 155.

Amendments--2009 (Adj. Sess.) Subdiv. (11): Inserted "and (F)" following "(D)" in subdiv. (E), and added subdiv. (F).

Amendments--2003 (Adj. Sess.). Section amended generally.

Amendments--1999 (Adj. Sess.) Subdivs. (25) and (26): Added.

Amendments--1999. Subdiv. (24): Added.

Amendments--1997 (Adj. Sess.) Subdiv. (23): Added.

Amendments--1995 (Adj. Sess.). Subdiv. (22): Added.

Amendments--1989 (Adj. Sess.). Subdiv. (21): Added.

Amendments--1987 (Adj. Sess.). Subdiv. (20): Added.

Amendments--1985 (Adj. Sess.). Subdiv. (19): Added.

Amendments--1981 (Adj. Sess.). Subdiv. (2): Deleted "the prudential committee of a fire district".

Subdiv. (4): Deleted reference to "a fire district".

Subdiv. (10): Amended generally.

Subdiv. (16): Added.

Subdiv. (17): Added.

Subdiv. (18): Added.

Amendments--1979 (Adj. Sess.). Subdiv. (15): Added.

Amendments--1975 (Adj. Sess.). Subdiv. (13): Deleted "or capital budget and program".

Amendments--1973 (Adj. Sess.). Subdiv. (4): Amended generally.

Amendments--1971 (Adj. Sess.). Subdiv. (14): Added.

Amendments--1971. Subdiv. (2): Added reference to supervisor of unorganized towns and gores.

Subdiv. (4): Added reference to unorganized towns and gores.

Amendments--1969 (Adj. Sess.). Subdiv. (2): Added reference to prudential committee of fire district.

Subdiv. (4): Added reference to fire district.

Amendments--1969. Subdiv. (11): Amended generally.

Effective date and applicability of 2015 (Adj. Sess.) amendment. 2015, No. 171 (Adj. Sess.) § 21(c) provides: "Secs. 15 (forest integrity; definitions) [which amended this section], 16 (elements of a regional plan) [which amended 24 V.S.A. § 4348a] and 17 (plan for municipality) [which amended 24 V.S.A. § 4382] shall take effect on January 1, 2018. Secs. 15-17 shall apply to municipal and regional plans adopted or amended on or after January 1, 2018."

ANNOTATIONS

Analysis

1. Legislative bodies.
2. Land development.
3. Sign.

1. Legislative bodies.

Although board of selectmen and trustees are both included in statutory definition of legislative bodies by this section they perform many administrative duties. Town of Fair Haven v. Stannard, 111 Vt. 49, 10 A.2d 214 (1939), (Decided under prior law.)

2. Land development.

Ordinance provision requiring subdivision approval for construction of a road serving more than two lots was valid because the use of undeveloped land to site the new road is clearly "land development" as defined by this section, the issue of siting of a road is a traditional central concern of subdivision regulation, and the ordinance allows subdivision jurisdiction only if the newly constructed or extended road serves more than two lots. In re Shantee Point, Inc., 174 Vt. 248, 811 A.2d 1243 (2002).

Trial court reasonably concluded that neighbors had not created a structure or changed use of their land within meaning of statute requiring zoning permit, where neighbors created shooting range by cutting ten trees and constructing a backstop and shooting stand. In re Scheiber, 168 Vt. 534, 724 A.2d 475 (1998).

The act of subdividing land is a form of "land development" and brings the landowner under the authority of the zoning ordinance, whose purpose is to regulate and determine land development. Drumheller v. Shelburne Zoning Board of Adjustment, 155 Vt. 524, 586 A.2d 1150 (1990).

Under this section, commencement of use of building shell as a bottle club, the first use of the building, constituted a change in use coming within the definition of land development. Town of Chester v. Country Lounge, 135 Vt. 165, 375 A.2d 414 (1977).

3. Sign.

In prosecution of property owner under city zoning ordinance for having a sign projecting over a public right-of-way, the city bylaw requiring him to remove his nonconforming sign was found in conflict with section 4408 of this title, governing nonconforming uses and structures at the time the bylaw was enacted in 1973, and was invalid, being beyond the scope of authority delegated to city, where subsection (11) of this section defined a sign as a structure and section 4408 provided that a noncomplying structure could continue in perpetuity, whereas the bylaw in question required that all nonconforming signs be removed within five years of November 6, 1973. State v. Sanguinetti, 141 Vt. 349, 449 A.2d 922 (1982).

Cited. In re McCormick Management Co., 149 Vt. 585, 547 A.2d 1319 (1988); Smith v. Town of St. Johnsbury, 150 Vt. 351, 554 A.2d 233 (1988); In re Carrier, 155 Vt. 152, 582 A.2d 110 (1990).

§ 4303a. Computation of time.

Where an event is required or permitted to occur by this chapter before, on, or after a specified period of time measured from another event, in calculating the period:

the first day shall not be counted; and
the final day shall be counted.
Added 1981, No. 132 (Adj. Sess.), § 3.

§ 4304. Planning and land use manual.

The Commissioner of Housing and Community Development shall prepare, maintain, and distribute from time to time to all municipalities a manual setting forth:
1. a copy of this chapter, together with all amendments thereof;
2. examples of land planning policies, and maps and documents prepared in conformance with plan requirements;
3. an explanation and illustrative examples of bylaws, capital programs, budgets, and procedures authorized in this chapter; and
4. other explanatory material and data which will aid municipalities in the preparation of plans, capital budgets, programs, and the administration of bylaws authorized in this chapter.
The Commissioner of Housing and Community Development shall, from time to time, confer with interested persons with a view toward ensuring the maintenance of such manual in a form most useful to those regions and municipalities making use of it.
Sections of this manual may be cited in any plan or bylaw in the same manner as citations of this chapter, and may be incorporated by reference in any plan bylaw.
Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1971, No. 257 (Adj. Sess.), § 22, eff. April 11, 1972; 1975, No. 164 (Adj. Sess.), § 2; 1995, No. 190 (Adj. Sess.), § 1(a); 2013, No. 146 (Adj. Sess.), § 5, eff. May 27, 2014.

History

Amendments--2013 (Adj. Sess.). Substituted "The Commissioner of Housing and Community Development" for "The agency of commerce and community development" in two locations.

Amendments--1995 (Adj. Sess.) Substituted "agency of commerce and community development" for "agency of development and community affairs" in the introductory paragraph of subsec. (a) and in subsec. (b).

Amendments--1975 (Adj. Sess.). Subsec. (a): Added reference to "capital programs and budgets" in subdiv. (3) and "capital budgets and programs" in subdiv. (4).

Amendments--1971 (Adj. Sess.). Substituted "agency of development and community affairs" for "central planning office".

Planning manual; revisions. 2013, No. 146 (Adj. Sess.), § 9 provides: "On or before November 15, 2015, the Commissioner of Housing and Community Development shall revise the planning manual under 24 V.S.A. § 4304 to conform to the provisions of this act."

§ 4305. Repealed. 2009, No. 146 (Adj. Sess), § G4, eff. June 1, 2010.

History

Former § 4305. Former § 4305, relating to the Council of Regional Commissions; reviews of State agency and regional plans; reviews of confirmation and approval opinions by regional planning commissions, was derived from and amended by 1989, No. 280 (Adj. Sess.), § 16 and 2003, No. 115 (Adj. Sess.), § 86.

§ 4306. Municipal and Regional Planning Fund.

1. The Municipal and Regional Planning Fund for the purpose of assisting municipal and regional planning commissions to carry out the intent of this chapter is hereby created in the State Treasury. (a) (1) The Municipal and Regional Planning Fund for the purpose of assisting municipal and regional planning commissions to carry out the intent of this chapter is hereby created in the State Treasury.
2. The Fund shall be composed of 17 percent of the revenue from the property transfer tax under 32 V.S.A. chapter 231 and any monies from time to time appropriated to the Fund by the General Assembly or received from any other source, private or public. All balances at the end of any fiscal year shall be carried forward and remain in the Fund. Interest earned by the Fund shall be deposited in the Fund.
3. Of the revenues in the Fund, each year:
  1. 10 percent shall be disbursed to the Vermont Center for Geographic Information;
  2. 70 percent shall be disbursed to the Secretary of Commerce and Community Development for performance contracts with regional planning commissions to provide regional planning services pursuant to section 4341a of this title; and
  3. 20 percent shall be disbursed to municipalities.
1. Allocations for performance contract funding to regional planning commissions shall be determined according to a formula to be adopted by rule under 3 V.S.A. chapter 25 by the Department for the assistance of the regional planning commissions. Disbursement of funding to regional planning commissions shall be predicated upon meeting performance goals and targets pursuant to the terms of the performance contract. (b) (1) Allocations for performance contract funding to regional planning commissions shall be determined according to a formula to be adopted by rule under 3 V.S.A. chapter 25 by the Department for the assistance of the regional planning commissions. Disbursement of funding to regional planning commissions shall be predicated upon meeting performance goals and targets pursuant to the terms of the performance contract.
2. Disbursement to municipalities shall be awarded annually on or before December 31 through a competitive program administered by the Department providing the opportunity for any eligible municipality or municipalities to compete regardless of size, provided that to receive funds, a municipality:
  1. shall be confirmed under section 4350 of this title; or
  2. 1. shall use the funds for the purpose of developing a municipal plan to be submitted for approval by the regional planning commission, as required for municipal confirmation under section 4350 of this title; and (B) (i) shall use the funds for the purpose of developing a municipal plan to be submitted for approval by the regional planning commission, as required for municipal confirmation under section 4350 of this title; and
    2. shall have voted at an annual or special meeting to provide local funds for municipal and regional planning purposes.
3. [Repealed.]
Funds allocated to municipalities shall be used for the purposes of:
1. funding the regional planning commission in undertaking capacity studies;
2. carrying out the provisions of subchapters 5 through 10 of this chapter; and
3. acquiring development rights, conservation easements, or title to those lands, areas, and strictures identified in either regional or municipal plans as requiring special consideration for provision of needed housing, aquifer protection, open space, farmland preservation, or other conservation purposes.
  Added 1987, No. 200 (Adj. Sess.), § 4; amended 1997, No. 156 (Adj. Sess.), § 41; 1999, No. 1 , § 97b, eff. March 31, 1999; 1999, No. 49 , § 80; 1999, No. 62 , § 263; 1999, No. 1 52 (Adj. Sess.), § 271d; 2003, No. 115 (Adj. Sess.), § 84; 2003, No. 164 (Adj. Sess.), § 14, eff. June 12, 2004; 2005, No. 178 (Adj. Sess.), §§ 9, 13; 2009, No. 146 (Adj. Sess.), § G4; 2015, No. 11 , § 29.

History

2003 (Adj. Sess.). This section was amended by both Acts 115 and 164 of the 2003 Adjourned Session. This version blends those two amendments.

Revision note - In subsec. (c), changed designations (A)-(C) to (1)-(3) to conform to V.S.A. style.

Amendments--2015. Subdiv. (b)(1): Substituted "performance goals and targets" for "performance outcomes and measures" in the second sentence.

Amendments--2009 (Adj. Sess.) Subsecs. (a) and (b): Amended generally.

Amendments--2005 (Adj. Sess.). Subsec. (b): Made a minor change in punctuation in the introductory paragraph, made a minor stylistic change in subdiv. (2)(B), and added subdiv. (3).

Amendments--2003 (Adj. Sess.). Act No. 115 substituted "through 10 of chapter 117 of this title; and" for "through 7 of 24 V.S.A. chapter 117; and" in subdiv. (b)(2).

Act No. 164: Section amended generally.

Amendments--1999 (Adj. Sess.) Subsec. (a): Deleted the last two sentences.

Amendments--1999 Subsec. (a): Act No. 49 substituted "17 percent" for "11.44 percent" in the second sentence and added the fifth through seventh sentences.

Subsec. (b): Act No. 1 deleted the former introductory paragraph and subdivs. (1) and (2), and merged and rewrote former subdivs. (3) and (4) as the present introductory paragraph.

Act No. 62 rewrote the third sentence and deleted the former fourth and fifth sentences of the present introductory paragraph.

Amendments--1997 (Adj. Sess.). Subsec. (a): Added the second sentence.

Effective date of amendments--1999 1999, No. 49 , § 99(h), as amended by 1999, No. 66 (Adj. Sess.), § 59, eff. Feb. 8, 2000, provided in part that the amendment to this section by section 80 of the act, shall take effect beginning with fiscal year 2001.

Cross References

Cross references. Allocation of property transfer tax revenues to fund, see 32 V.S.A. § 9610.

Vermont Housing and Conservation Trust Fund, see 10 V.S.A. § 312.

Receipt and expenditure of monies by regional planning commissions, see §§ 4346 and 4362 of this title.

Subchapter 2. Municipal Planning Commissions

§ 4321. Creation of planning commissions.

A planning commission may be created at any time by the act of the legislative body of a municipality.
In any urban municipality, the legislative body may create a planning department headed by a planning director as a substitute for a planning commission, and, in that event all of the powers and duties of planning commissions set forth herein shall be exercised by such planning director, subject to such regulations as that executive body shall from time to time specify, and sections 4322 and 4323 of this title shall not apply to such director. In such event, that legislative body may further create an advisory planning council, which shall only function in an advisory capacity to the planning director in the exercise of his or her powers and duties, and shall have such other functions as that legislative body shall, by resolution, assign to such council.
Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968.

History

Law review commentaries

Law review. For article, "The 'Malling' of Vermont: Can the 'Growth Center' Designation Save the Traditional Village from Suburban Sprawl," see 21 Vt. L. Rev. 929 (1997).

§ 4322. Planning commission; membership.

A planning commission shall have not less than three nor more than nine voting members. All members may be compensated and reimbursed by the municipality for necessary and reasonable expenses. At least a majority of the members of a planning commission shall be residents of the municipality. The selectboard of a rural town, or not more than two elected or appointed officials of an urban municipality who are chosen by the legislative body of the urban municipality, shall be nonvoting ex officio members of a planning commission. If a municipality has an energy coordinator under chapter 33, subchapter 12 of this title, the energy coordinator may be a nonvoting ex officio member of the planning commission.

Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1969, No. 116 , § 3; 1973, No. 261 (Adj. Sess.), § 2, eff. July 1, 1974; 1979, No. 174 (Adj. Sess.), § 3.

History

2019. Substituted "selectboard" for "selectmen" in the fourth sentence in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Amendments--1979 (Adj. Sess.). Inserted the word "voting" between the words "nine" and "members" in the first sentence and added last sentence.

Amendments--1973 (Adj. Sess.). Added provisions in the second sentence relating to compensation for members.

Amendments--1969. Added "nonvoting" preceding "ex officio members".

§ 4323. Appointment, term, and vacancy; rules.

Members of a planning commission shall be appointed and any vacancy filled by the legislative body of a municipality. The length of the term of planning commission members shall be determined by the legislative body of a municipality. Any member may be removed at any time by unanimous vote of the legislative body. Any appointment to fill a vacancy shall be for the unexpired term.
A planning commission shall elect a chair and a clerk and, at its organization meeting, shall adopt by majority vote of those members present and voting such other rules as it deems necessary and appropriate for the performance of its functions. A planning commission shall keep a record of its resolutions and transactions, which shall be maintained as a public record of the municipality.
As an alternative to appointment under subsection (a) of this section, municipalities may choose to elect planning commissioners for terms of one to four years. The proposal to elect and the length of terms to be filled shall be determined pursuant to a duly warned article at an annual or special meeting of the municipality. If a municipality chooses to elect planning commissioners:
1. The length and spacing of terms shall be decided by vote of the municipality.
2. Elections shall occur only as terms are completed, or as vacancies occur, or as new planning commissions are created.
3. Vacancies may be filled by appointment of the legislative body only until the next meeting of the municipality, at which time the voters shall elect a commissioner to fill the unexpired term.
4. Elected commissioners may not be removed by action of the legislative body.
  Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; 1989, No. 280 (Adj. Sess.), § 3a; 2003, No. 103 (Adj. Sess.), § 1.

History

Amendments--2003 (Adj. Sess.). Subsec. (a): Rewrote the second sentence.

Amendments--1989 (Adj. Sess.). Subsec. (c): Added.

ANNOTATIONS

Analysis

1. Construction with other law.
2. Removal of members.

1. Construction with other law.

Planning commission bylaw allowing action by majority of commissioners "present and voting" was invalid, since subsection (b) of this section did not authorize commission to override rule expressed in 1 V.S.A. § 172. In re Lionni, 160 Vt. 625, 648 A.2d 832 (mem.) (1993).

2. Removal of members .

Statute governing municipal planning commissions did not require that commissioners only be removed for cause but, by its terms, provided municipal legislature with authority to remove commissioners at will, qualified only by requirement that decision to remove be made by unanimous vote; moreover, there was no indication that Legislature intended to insulate planning commission members from removal by appointing authority. Brennan v. Town of Colchester, 169 Vt. 175, 730 A.2d 601 (1999).

Nothing in statute governing municipal planning commissions granted commissioners a right or entitlement to their positions; on the contrary, statute stated that planning commissioners could be removed "at any time," and former commissioners' unilateral expectation that they would serve out their entire terms, without more, did not rise to a protectable property interest sufficient to implicate procedural due process. Brennan v. Town of Colchester, 169 Vt. 175, 730 A.2d 601 (1999).

Law review commentaries

Law review. For article, "The 'Malling' of Vermont: Can the 'Growth Center' Designation Save the Traditional Village from Suburban Sprawl," see 21 Vt. L. Rev. 929 (1997).

§ 4324. Existing commissions.

The members of any existing planning commission or body having similar powers and functions established under former laws shall continue in office until the end of their term as so established. New members shall be appointed and vacancies filled only under this chapter. Such commissions shall have, on March 23, 1968, all of the powers and duties of a planning commission created under this chapter.

Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968.

History

Revision note. Substituted "on March 23, 1968" for "upon the effective date of this chapter" for clarity.

§ 4325. Powers and duties of planning commissions.

Any planning commission created under this chapter may:

Prepare a plan and amendments thereof for consideration by the legislative body and to review any amendments thereof initiated by others as set forth in subchapter 5 of this chapter.
Prepare and present to the legislative body proposed bylaws and make recommendations to the legislative body on proposed amendments to such bylaws as set forth in subchapter 6 of this chapter.
Administer bylaws adopted under this chapter, except to the extent that those functions are performed by a development review board.
Undertake capacity studies and make recommendations on matters of land development, urban renewal, transportation, economic and social development, urban beautification and design improvements, historic and scenic preservation, the conservation of energy and the development of renewable energy resources, and wetland protection. Data gathered by the planning commission that is relevant to the geographic information system established under 3 V.S.A. § 20 shall be compatible with, useful to, and shared with that system.
Prepare and present to the legislative body recommended building, plumbing, fire, electrical, housing, and related codes and enforcement procedures, and construction specifications for streets and related public improvements.
Prepare and present a recommended capital budget and program for a period of five years, as set forth in section 4440 of this title, for action by the legislative body, as set forth under section 4443 of this title.
Hold public meetings.
Require from other departments and agencies of the municipality such available information as relates to the work of the planning commission.
In the performance of its functions, enter upon land to make examinations and surveys.
Participate in a regional planning program.
Retain staff and consultant assistance in carrying out its duties and powers.
Undertake comprehensive planning, including related preliminary planning and engineering studies.
Perform such other acts or functions as it may deem necessary or appropriate to fulfill the duties and obligations imposed by, and the intent and purposes of, this chapter.
Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1979, No. 174 (Adj. Sess.), § 4; 1985, No. 188 (Adj. Sess.), § 7; 1987, No. 200 (Adj. Sess.), § 18, eff. July 1, 1989; 1993, No. 232 (Adj. Sess.), § 45, eff. March 15, 1995; 2003, No. 115 (Adj. Sess.), § 85.

History

Reference in text. The reference to 3 V.S.A. § 20, referred to in subdiv. (4), was repealed by 1993, No. 204 (Adj. Sess.), § 3, eff. June 17, 1994.

Revision note. Deleted "to" preceding "enter" in subdiv. (9) to correct a grammatical error.

Amendments--2003 (Adj. Sess.). Subdiv. (3): Deleted "subchapter 6 of" preceding "this chapter".

Subdiv. (6): Substituted "section 4440" for "section 4426" and "section 4443" for "section 4404a".

Amendments--1993 (Adj. Sess.). Subdiv. (3): Added "except to the extent that those functions are performed by a development review board" following "chapter".

Subdiv. (6): Deleted "to the legislative body" preceding "recommended", "annual" thereafter, "future capital" preceding "program" and "not less than" preceding "five years" and added "as set forth in section 4426 of this title, for action by the legislative body, as set forth under section 4404a of this title" thereafter.

Amendments--1987 (Adj. Sess.). Subdiv. (4): Inserted "capacity" preceding "studies" in the first sentence and added the second sentence.

Amendments--1985 (Adj. Sess.). Subdiv. (4): Added "and wetland protection" following "resources".

Amendments--1979 (Adj. Sess.). Subdiv. (4): Added references to the conservation of energy and the development of renewable energy resources.

ANNOTATIONS

1. Zoning amendments.

Requirement that zoning ordinance amendments be initiated in planning commission represents legislative policy that zoning ordinances, and amendments to them, be entrusted to body primarily responsible for town planning. In re Cottrell, 158 Vt. 500, 614 A.2d 381 (1992).

Cited. In re Patch, 140 Vt. 158, 437 A.2d 121 (1981).

§ 4326. Appropriations, reports, and records.

Every municipality may appropriate to and expend funds for its planning commission. The planning commission shall keep a record of its business and shall make an annual report to the municipality. A planning commission may accept and utilize any funds, personal or other assistance made available by this State or federal government or any of their agencies or from private sources.

Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968.

§ 4327. Joint planning commissions.

Any planning commission of a municipality which is a town having one or more municipalities contained within its area or which is one of such contained municipalities shall, upon the act of the legislative body of each municipality, be the planning commission under this chapter for such town and all such contained municipalities.
A planning commission acting for more than one municipality shall be the planning commission for such town and all such contained municipalities until such joint arrangement is terminated by the act of the legislative body of any participating municipality.
In any town containing one or more villages, any act required under this chapter to be taken by a legislative body or by the vote of a municipality shall be taken by the legislative body of the town or, as the case may be, the voters of the town, including the voters of any contained village.
If a contained village adopts its own plan, capital budget, or program or one or more bylaws, then any act required under this chapter for the adoption shall be taken by the legislative body or voters of the village. Nevertheless, the voters of the village shall remain as voters in the town for the adoption of town bylaws and capital budget and program, as provided in subsection (c) of this section.
A single planning commission, appointed by the Board of Governors of the unified towns and gores of Essex County, namely Averill, Avery's Gore, Ferdinand, Lewis, Warner's Grant, and Warren's Gore, shall serve as the planning commission for these towns and gores.
Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1973, No. 188 (Adj. Sess.), § 1, eff. July 1, 1974; 1973, No. 261 (Adj. Sess.),§§ 3, 7 eff. July 1, 1974; 1975, No. 164 (Adj. Sess.), § 3; 2005, No. 30 , § 1; 2005, No. 105 (Adj. Sess.), § 1.

History

Revision note. Subsec. (e) was enacted as "subsec. (c)" by 1973, No. 188 (Adj. Sess.), but was renumbered as "subsec. (e)" to conform to V.S.A. classification and style.

Amendments--2005 (Adj. Sess.). Subsec. (e): Substituted "unified towns and gores of Essex County" for "unorganized towns and gores of Essex County".

Amendments--2005 Subsec. (e): Substituted "board of governors" for "supervisor" following "appointed by the" and "serve" for "act" preceding "as the planning" and made minor changes in punctuation.

Amendments--1975 (Adj. Sess.). Subsec. (d): Provided for the adoption of capital budgets and programs.

Amendments--1973 (Adj. Sess.). Subsec. (a): Act No. 261, § 3, omitted last sentence relating to acts requiring action by participating municipalities.

Subsecs. (c) and (d): Added by Act No. 261, § 7.

Subsec. (e): Added by Act No. 188, § 1.

§ 4328. Terms of office inconsistent with charter provisions.

When a charter of a municipality exists having terms respecting the appointment and authority of municipal officials, relating to their activities under this chapter, which terms are inconsistent with this chapter, those terms of that charter shall prevail.

Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1969, No. 116 , § 4.

History

Amendments--1969. Substituted "municipality" and "municipal" for "city".

Subchapter 3. Regional Planning Commissions

§ 4341. Creation of regional planning commissions.

A regional planning commission may be created at any time by the act of the voters or the legislative body of each of a number of contiguous municipalities, upon the written approval of the Agency of Commerce and Community Development. Approval of a designated region shall be based on whether the municipalities involved constitute a logical geographic and a coherent socioeconomic planning area. All municipalities within a designated region shall be considered members of the regional planning commission. For the purpose of a regional planning commission's carrying out its duties and functions under State law, such a designated region shall be considered a political subdivision of the State.
Two or more existing regional planning commissions may be merged to form a single commission by act of the legislative bodies in a majority of the municipalities in each of the merging regions.
A municipality may move from one regional planning commission to another regional planning commission on terms and conditions approved by the Secretary of Commerce and Community Development.
Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1971, No. 257 (Adj. Sess.), § 1, eff. April 11, 1972; 1981, No. 132 (Adj. Sess.), § 4; 1987, No. 200 (Adj. Sess.), § 19, eff. July 1, 1989; 1995, No. 190 (Adj. Sess.), § 1(a); 2009, No. 146 (Adj. Sess.), § G5, eff. June 1, 2010; 2009, No. 156 (Adj. Sess.), § F.11, eff. June 3, 2010; 2013, No. 36 , § 3.

History

Amendments--2013. Subsec. (a): Added the last sentence.

Amendments--2009 (Adj. Sess.) Act 146 amended generally subsec. (a), substituted "legislative bodies" for "voters" in subsec. (b), and added subsec. (c), which was then amended by Act 156.

Amendments--1995 (Adj. Sess.) Subsec. (a): Substituted "agency of commerce and community development" for "agency of development and community affairs".

Amendments--1987 (Adj. Sess.). Subsec. (a): Deleted "member" following "determine whether the" in the second sentence and added the fourth sentence.

Amendments--1981 (Adj. Sess.). Subsec. (b): Amended generally.

Amendments--1971 (Adj. Sess.). Section amended generally.

Extension of deadlines applicable to municipal corporations and regional planning commissions; continued validity of licenses and plans. 2019, No. 92 (Adj. Sess.), § 8 provides: "(a) During a declared state of emergency under 20 V.S.A. chapter 1 due to COVID-19, the Governor may authorize State agencies to extend any deadline applicable to municipal corporations or regional planning commissions. A deadline established by statute shall not be extended to more than 90 days after the date that the declared state of emergency ends. Any expiring license, permit, program, or plan issued to a municipal corporation or regional planning commission that is due to a State agency for renewal or review shall remain valid for 90 days after the date that the declared state of emergency ends.

"(b) During a declared state of emergency under 20 V.S.A. chapter 1 due to COVID-19, a municipal corporation shall be permitted to extend any deadline applicable to municipal corporations, provided that the deadline does not relate to a State license, permit, program, or plan subject to subsection (a) of this section. A municipal corporation may extend or waive deadlines applicable to licenses, permits, programs, or plans issued by a municipal corporation. Any expiring license, permit, program, or plan issued by a municipal corporation that is due to the municipal corporation for renewal or review shall remain valid for 90 days after the date that the declared state of emergency ends."

ANNOTATIONS

1. Regions.

A region consists of the participating towns and a regional plan applies only within those towns. 1972 Op. Atty. Gen. 155.

Cited. City of St. Albans v. Northwest Regional Planning Comm'n, 167 Vt. 466, 708 A.2d 194 (1998).

§ 4341a. Performance grants for regional planning service.

The Secretary of Commerce and Community Development shall negotiate and issue performance grants to regional planning commissions, or to regional planning commissions and regional development corporations in the case of a joint grant, to provide regional planning services.
A performance grant shall address how the regional planning commission, or regional planning commission and regional development corporation jointly, will improve results and achieve savings compared with the current regional service delivery system, which may include:
1. a proposal without change in the makeup or change of the area served;
2. a joint proposal to provide different services pursuant to a grant to one or more regional service providers;
3. colocation with other local, regional, or State service providers;
4. merger with one or more regional service providers;
5. consolidation of administrative functions and additional operational efficiencies within the region; or
6. such other cost-saving mechanisms as may be available.
  Added 2009, No. 146 (Adj. Sess.), § G5, eff. June 1, 2010; amended 2015, No. 11 , § 30; 2015, No. 157 (Adj. Sess.), § C.2, eff. July 1, 2017.

History

Amendments--2015 (Adj. Sess.). Section heading and subsec. (b): Substituted "performance grants" for "performance contracts" or variant.

Subsec. (a): Substituted "issue performance grants to regional planning commissions, or to" for "enter into performance contracts with regional planning commissions, or with", and "joint grant" for "joint contract".

Subdiv. (b)(2): Substituted "pursuant to a grant to one or more" for "under one contract with one or more".

Amendments--2015. Subsec. (b): Substituted "results" for "outcomes" following "will improve".

§ 4342. Regional planning commissions; membership.

A regional planning commission shall contain at least one representative appointed from each member municipality. All representatives may be compensated and reimbursed by their respective municipalities for necessary and reasonable expenses.

Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1971, No. 257 (Adj. Sess.), § 2, eff. April 11, 1972; 1977, No. 158 (Adj. Sess.).

History

Amendments--1977 (Adj. Sess.). Substituted "may be compensated and reimbursed" for "shall serve without compensation, but may be reimbursed by the regional planning commission or" in the second sentence.

Amendments--1971 (Adj. Sess.). Substituted "contain at least one representative" for "have not more than three representatives or less than one representative" in first sentence.

ANNOTATIONS

Cited. City of St. Albans v. Northwest Regional Planning Comm'n, 167 Vt. 466, 708 A.2d 194 (1998).

§ 4343. Appointment, term, and vacancy; rules.

Representatives to a regional planning commission representing each participating municipality shall be appointed for a term and any vacancy filled by the legislative body of such municipality in the manner provided and for the terms established by the charter and bylaws of the regional planning commission. Regardless of regional planning commission bylaws, representatives to the commission shall serve at the pleasure of the legislative body. The legislative body may, by majority vote of the entire body, revoke a commission member's appointment at any time.
A regional planning commission may elect an executive board, consisting of not less than five nor more than nine members, to oversee the operations of the commission and implement the policies of the commission, and shall elect a chair and a secretary, and, at its organization meeting shall adopt, by a two-thirds vote of those representatives present and voting at such meeting, such rules and create and fill such other offices as it deems necessary or appropriate for the performance of its functions, including the number and qualification of members, terms of office, and provisions for municipal representation and voting.
A regional planning commission may also have such other members, who may be elected or appointed in such manner as the regional planning commission may prescribe by its rules adopted pursuant to this section.
Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1981, No. 132 (Adj. Sess.), § 5, eff. July 1, 1982; 1989, No. 280 (Adj. Sess.), § 3b; 2009, No. 146 (Adj. Sess.), § G5, eff. June 1, 2010.

History

2013. In subsec. (b), deleted ", without limitation," following "including" in accordance with 2013, No. 5 , § 4.

Amendments--2009 (Adj. Sess.) Subsec. (b): Substituted "may" for "shall", inserted "an executive board, consisting of not less than five nor more than nine members, to oversee the operations of the commission and implement the policies of the commission, and shall elect" preceding "a chair", substituted "chair" for "chairman" and inserted "other" preceding "offices."

Amendments--1989 (Adj. Sess.). Subsec. (a): Added the second and third sentences.

Amendments--1981 (Adj. Sess.). Subsec. (a): Amended generally.

Subsec. (b): Deleted a comma after the words "organization meeting" and inserted a comma after "shall adopt".

ANNOTATIONS

Cited. City of St. Albans v. Northwest Regional Planning Comm'n, 167 Vt. 466, 708 A.2d 194 (1998).

§ 4344. Repealed. 2009, No. 146 (Adj. Sess.), § G5.

History

Former § 4344, relating to existing commissions, was derived from 1967, No. 334 (Adj. Sess.), § 1.

§ 4345. Optional powers and duties of regional planning commissions.

Any regional planning commission created under this chapter may:

Develop an inventory of the region's fire and safety facilities; hospitals, rest homes, or other facilities for aging or disabled persons; correctional facilities; and emergency shelters; and work with regulated utilities, the Department of Public Service, the Department of Public Safety, potential developers of distributed power facilities, adjoining regional planning commissions, interested adjoining regional entities from adjoining states, and citizens of the region to propose and evaluate alternative sites for distributed power facilities that might provide uninterrupted local or regional power at least for identified critical service providers in time of extended national, statewide, or regional power disruption or other emergency.
-(5) [Repealed.]
(6) Undertake studies and make recommendations on land development, urban renewal, transportation, economic, industrial, commercial, and social development, urban beautification and design improvements, historic and scenic preservation, State capital investment plans, and wetland protection.

(7) [Repealed.]

(8) Require of each municipality in its area and all State agencies such available information as relates to the work of the regional planning commission.

(9) In the performance of its functions, enter upon land, with prior approval of the landowner, to make examinations and surveys.

(10) Retain staff and consultant assistance in carrying out its duties and powers, and contract with one or more persons to provide administrative, clerical, information technology, human resources, or related functions.

(11) Undertake comprehensive planning, including related preliminary planning, State capital investment plans, and engineering studies.

(12) Carry out, with the cooperation of municipalities within the region, economic development programs for the appropriate development, improvement, protection, and preservation of the region's physical and human resources.

(13) Provide planning, training, and development services to local and regional communities and assist communities in evaluating economic conditions and prepare for economic growth and stability.

(14) Gather economic and demographic information concerning the area served.

(15) Assist existing business and industry, encourage the development and growth of small business, and to attract industry and commerce.

(16) Include in its charter and bylaws adopted pursuant to section 4343 of this chapter the power to:
1. Acquire and dispose of a fee simple or lesser interest in real property through purchase, lease, grant, gift, bequest, or devise for the purpose of fulfilling its duties pursuant to this section and section 4345a of this title.
2. Borrow money and incur indebtedness for the purposes of purchasing or leasing property for office space, establish and administer a revolving loan fund, or establish a line of credit, if approved by a two-thirds vote of those representatives to the regional planning commission present and voting at a meeting to approve such action. Any obligation incurred under this subdivision (B):
  1. shall not encumber the grand list or any property of a member municipality; and
  2. in the case of a purchase, shall pledge the property to be purchased as collateral and shall not exceed the fair market value of such property.
3. At the request of one or more member municipalities, act as an escrow agent and hold funds related to a municipal capital project or a project subject to a municipal land use permit in an escrow account, including taxes to be paid by the project, fines, and developer fees. Funds so held shall be segregated in a special account for each project on the books of the regional planning commission and, within each project account, by municipality. However, this subdivision (C) shall not confer authority on a regional planning commission to hold tax increment revenues received from a tax increment financing district under chapter 53, subchapter 5 of this title.
4. Enter into contracts with public and private entities, including the State of Vermont and the federal government to provide regional planning services and fulfill its duties pursuant to this section and section 4345a of this title.
5. Invest funds held in reserve in any security or investment that is prudent under the Uniform Prudent Management of Institutional Funds Act. This subdivision (E) only shall apply to funds whose investment is not otherwise restricted by State or federal law; the terms of a grant, gift, or devise; or the terms of a contract or service agreement formed under this chapter.
  (17) Perform such other acts or functions as it may deem necessary or appropriate to fulfill the duties and obligations imposed by, and the intent and purposes of, this chapter.
  
  Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1971, No. 257 (Adj. Sess.), § 3, eff. April 11, 1972; 1979, No. 174 (Adj. Sess.), § 5; 1981, No. 132 (Adj. Sess.), § 6; 1985, No. 188 (Adj. Sess.), § 8; 1987, No. 200 (Adj. Sess.), § 20, eff. July 1, 1989; 1989, No. 280 (Adj. Sess.), § 3; 2005, No. 208 (Adj. Sess.), § 9; 2009, No. 146 (Adj. Sess.), § G5; 2011, No. 104 (Adj. Sess.), § 30, eff. May 7, 2012; 2013, No. 36 , § 1; 2015, No. 174 (Adj. Sess.), § 3; 2017, No. 123 (Adj. Sess.), § 2, eff. May 3, 2018.

History

Amendments--2017 (Adj. Sess.). Subdiv. (16)(E): Added.

Amendments--2015 (Adj. Sess.). Subdiv. (6): Deleted "the conservation of energy and the development of renewable energy resources" following "scenic preservation".

Amendments--2013. Added new subdiv. (16) and redesignated former subdiv. (16) as subdiv. (17).

Amendments--2011 (Adj. Sess.) Subdivs. (6) and (11): Inserted "state capital investment plans".

Amendments--2009 (Adj. Sess.) Added "and contract with one or more persons to provide administrative, clerical, information technology, human resources, or related functions" at the end of subdiv. (10), added subdivs. (13), (14) and (15), and redesignated former subdiv. (13) as present subdiv. (16).

Amendments--2005 (Adj. Sess.). Subdiv. (1): Added.

Amendments--1989 (Adj. Sess.). Subdiv. (9): Inserted "with prior approval of the landowner" following "land".

Amendments--1987 (Adj. Sess.). Added "Optional" preceding "powers" in the section heading, repealed subdivs. (1)-(5) and (7), and deleted "from the departments and agencies" preceding "of each municipality in its area" and inserted "and all state agencies" thereafter in subdiv. (8).

Amendments--1985 (Adj. Sess.). Subdiv. (6): Added "and wetland protection" following "resources".

Amendments--1981 (Adj. Sess.). Redesignated former subdivs. (3)-(10) as subdivs. (4)-(11) and former subdiv. (11) as subdiv. (13) and added new subdivs. (3) and (12).

Amendments--1979 (Adj. Sess.). Subdiv. (5): Deleted "and" preceding "historic and scenic preservation" and added "the conservation of energy and the development of renewable energy resources" thereafter.

Amendments--1971 (Adj. Sess.). Subdiv. (7): Deleted "member" preceding "municipality".

ANNOTATIONS

Cited. City of St. Albans v. Northwest Regional Planning Comm'n, 167 Vt. 466, 708 A.2d 194 (1998).

§ 4345a. Duties of regional planning commissions.

A regional planning commission created under this chapter shall:

Promote the mutual cooperation of its municipalities and assist and advise municipalities, compacts, and authorities within the region to facilitate economic development programs for the appropriate development, improvement, protection, and preservation of the region's physical and human resources.
Advise municipal governing bodies with respect to public financing.
Provide technical and legal assistance to municipalities in the preparation and maintenance of plans, capacity studies, and bylaws and in related implementation activities.
Cooperate with the planning, legislative, or executive authorities of neighboring states, regions, counties, or municipalities to promote coordination of planning for, conservation, and development of the region and adjoining or neighboring territory.
Prepare a regional plan and amendments that are consistent with the goals established in section 4302 of this title, and compatible with approved municipal and adjoining regional plans. When preparing a regional plan, the regional planning commission shall:
1. develop and carry out a process that will encourage and enable widespread citizen involvement;
2. develop a regional data base that is compatible with, useful to, and shared with the geographic information system established under 3 V.S.A. § 20 ;
3. conduct capacity studies;
4. identify areas of regional significance. Such areas may be, but are not limited to, historic sites, earth resources, rare and irreplaceable natural areas, recreation areas and scenic areas;
5. use a land evaluation and site assessment system, that shall at a minimum use the criteria established by the Secretary of Agriculture, Food and Markets under 6 V.S.A. § 8 , to identify viable agricultural lands;
6. consider the probable social and economic benefits and consequences of the proposed plan; and
7. prepare a report explaining how the regional plan is consistent with the goals established in section 4302 of this title.
Prepare implementation guidelines that will assist municipalities and the regional commission in developing a planning process that will attain, within a reasonable time, consistency with the goals established in section 4302 of this title. Guidelines, which may be revised at any time, shall be prepared initially by July 1, 1989.
Prepare, in conjunction with the Commissioner of Housing and Community Development, guidelines for the provision of affordable housing in the region, share information developed with respect to affordable housing with the municipalities in the region and with the Commissioner of Housing and Community Development, and consult with the Commissioner when developing the housing element of the regional plan.
Confirm municipal planning efforts, where warranted, as required under section 4350 of this title, and provide town clerks of the region with notice of confirmation.
At least every eight years, review the compatibility of municipal plans, and if the regional planning commission finds that growth in a municipality without an approved plan is adversely affecting an adjoining municipality, it shall notify the legislative body of both municipalities of that fact and shall urge that the municipal planning be undertaken to mitigate those adverse effects. If, within six months of receipt of this notice, the municipality creating the adverse effects does not have an approved municipal plan, the regional commission shall adopt appropriate amendments to the regional plan as it may deem appropriate to mitigate those adverse effects.
Develop strategies specifically designed to assist municipalities in defining and managing growth and development that have cumulative impacts.
Review proposed State capital expenditures for compatibility with regional plans.
Assist municipalities to review proposed State capital expenditures for compatibility with municipal plans.
Appear before District Environmental Commissions to aid them in making a determination as to the conformance of developments and subdivisions with the criteria of 10 V.S.A. § 6086 .
With respect to proceedings under 30 V.S.A. § 248 :
1. have the right to appear and participate; and
2. appear before the Public Utility Commission to aid in making determinations under that statute when requested by the Commission.
Hold public hearings.
Before requesting the services of a mediator with respect to a conflict that has arisen between adopted or proposed plans of two or more regions or two or more municipalities located in different regions, appoint a joint interregional commission, in cooperation with other affected regional commissions, for the purpose of negotiating differences.
As part of its regional plan, define a substantial regional impact, as the term may be used with respect to its region. This definition shall be given due consideration, where relevant, in State regulatory proceedings.
If a municipality requests the assistance of the regional planning commission in coordinating the way that its plan addresses projects of substantial regional impact with the way those projects are addressed by its neighbors' planning efforts, the regional planning commission shall convene an ad hoc working group to address the issue. The working group shall be composed of representatives of all municipalities likely to be affected by the plan in question, regardless of whether or not they belong to the same region. With the assistance of a facilitator provided by the regional planning commission, the ad hoc working group will attempt to develop a proposed consensus with respect to projects of substantial regional impact. If a proposed consensus is developed, the results of the consensus will be reported to the planning commissions and legislative bodies represented.
Undertake studies and make recommendations on the conservation of energy and the development of renewable energy resources.
If designated as a clean water service provider under 10 V.S.A. § 924 , provide for the identification, prioritization, development, construction, inspection, verification, operation, and maintenance of clean water projects in the basin assigned to the regional planning commission in accordance with the requirements of 10 V.S.A. chapter 37, subchapter 5.
Added 1987, No. 200 (Adj. Sess.), § 21, eff. July 1, 1989; amended 1989, No. 280 (Adj. Sess.), § 4; 2003, No. 42 , § 2, eff. May 27, 2003; 2009, No. 146 (Adj. Sess.), § G5; 2015, No. 174 (Adj. Sess.), § 4; 2019, No. 76 , § 5.

History

Reference in text. 3 V.S.A. § 20, referred to in subdiv. (5)(B), was repealed by 1993, No. 204 (Adj. Sess.), § 3, eff. June 17, 1994.

2017. In subdiv. (14)(B), substituted "Public Utility Commission" for "Public Service Board" and "Commission" for "Board" in accordance with 2017, No. 53 , § 12.

- 2013. In subdiv. (7), substituted "Housing and Community Development" for "Economic, Housing and Community Development" in light of Executive Order No. 3-56 (No. 01-13), effective April 12, 2013.

Revision note - Substituted "commissioner of agriculture, food and markets" for "commissioner of agriculture" in subdiv. (5)(E) for purposes of conformity with 1989, No. 256 (Adj. Sess.), § 10(a).

Amendments--2019. Subdiv. (20): Added.

Amendments--2015 (Adj. Sess.). Subdivs. (14), (14)(A) and (19): Added and existing text under subdiv. (14) redesignated as subdiv. (14)(B).

Subdiv. (14)(B): Substituted "appear before the Public Service Board to aid in making determinations under that statute when requested by the Board" for "Appear before the Public Service Board to aid the Board in making determinations under 30 V.S.A. § 248".

Amendments--2009 (Adj. Sess.) Added "benefits and" preceding "consequences" in subdiv. (5)(F), added "economic" preceding "housing" and substituted "development" for "affairs" twice in subdiv. (7), substituted "eight" for "five" in subdiv. (9), and in the first sentence of subdiv. (16), deleted "review by the council of regional commissioners or" preceding "the services" and "pursuant to section 4305 of this title" preceding "with respect."

Amendments--2003 Substituted "secretary of agriculture, food and markets" for "commissioner of agriculture, food and markets" in subdiv. (5)(E).

Amendments--1989 (Adj. Sess.). Subdiv. (17): Added.

Subdiv. (18): Added.

ANNOTATIONS

Analysis

1. Constitutionality.
2. Delegated authority.

1. Constitutionality.

Because the Northwest Regional Planning Commission (NWRPC) performs so few "governmental functions," it is constitutionally permissible for the state to provide for appointment of NWRPC commissioners without violating the "one person, one vote" doctrine of the Equal Protection Clause. City of St. Albans v. Northwest Regional Planning Comm'n, 167 Vt. 466, 708 A.2d 194 (1998).

2. Delegated authority.

Regional commission's definition of "substantial regional impact" is not binding on the court; rather, it is entitled to due consideration in state regulatory proceedings. Because the court retains ultimate discretion to determine a substantial regional impact with reference to the statutory framework and goals, subject to due consideration of a regional commission's own definition, the Legislature has not made a wholesale delegation of legislative authority to the regional commissions. In re B&M Realty, LLC, 203 Vt. 438, 158 A.3d 754 (2016).

§ 4345b. Intermunicipal service agreements.

1. Prior to exercising the authority granted under this section, a regional planning commission shall: (a) (1) Prior to exercising the authority granted under this section, a regional planning commission shall:
  1. draft bylaws specifying the process for entering into, method of withdrawal from, and method of terminating service agreements with municipalities; and
  2. hold one or more public hearings within the region to hear from interested parties and citizens regarding the draft bylaws.
2. At least 30 days prior to any hearing required under this subsection, notice of the time and place and a copy of the draft bylaws, with a request for comments, shall be delivered to the chair of the legislative body of each municipality within the region, which may be done electronically, provided the sender has proof of receipt. The regional planning commission shall make copies available to any individual or organization requesting a copy.
3. The regional planning commission may make revisions to the draft bylaws at any time prior to adoption of the bylaws. If revisions are made to the draft bylaws, the regional planning commission shall hold a final hearing and shall deliver notice as required in subdivision (2) of this subsection.
1. The draft bylaws required under subsection (a) of this section shall be adopted by a vote of at least 67 percent of the commissioners of the regional planning commission in accordance with the voting procedures of the regional planning commission. (b) (1) The draft bylaws required under subsection (a) of this section shall be adopted by a vote of at least 67 percent of the commissioners of the regional planning commission in accordance with the voting procedures of the regional planning commission.
2. The draft bylaws shall be considered duly adopted and shall take effect 35 days after a vote required under this subsection, unless, within 35 days of the date of adoption, the regional planning commission receives certification from the legislative bodies of a majority of the municipalities in the region vetoing the proposed bylaws. In such case, the bylaws shall be deemed repealed.
Upon adoption of the bylaws under subsection (b) of this section, a regional planning commission may:
1. promote cooperative arrangements and coordinate, implement, and administer service agreements among municipalities, including arrangements and action with respect to planning, community development, joint purchasing, intermunicipal services, infrastructure, and related activities; and
2. exercise any power, privilege, or authority, as defined within a service agreement under subsection (d) of this section, capable of exercise by a municipality as necessary or desirable for dealing with problems of local or regional concern.
1. In exercising the powers set forth in subsection (c) of this section, a regional planning commission shall enter into a service agreement with one or more municipalities. (d) (1) In exercising the powers set forth in subsection (c) of this section, a regional planning commission shall enter into a service agreement with one or more municipalities.
2. Participation by a municipality shall be voluntary and only valid upon appropriate action by the legislative body of the municipality. To become effective, a service agreement shall be ratified by the regional planning commission and the legislative bodies of the municipalities who are a party to the service agreement.
3. A service agreement shall describe the services to be provided and the amount of funds payable by each municipality that is a party to the service agreement. Service of personnel, use of equipment and office space, and other necessary services may be accepted from municipalities as part of their financial support.
4. Any modification to a service agreement shall not become effective unless approved by the legislative body of the municipalities who are a party to the service agreement.
A regional planning commission shall not have the following powers under this section:
1. essential legislative functions;
2. taxing authority; or
3. eminent domain.
1. Funds provided for regional planning under section 4341a or 4346 of this chapter shall not be used to provide services under a service agreement without prior written authorization from the State agency or other entity providing the funds. (f) (1) Funds provided for regional planning under section 4341a or 4346 of this chapter shall not be used to provide services under a service agreement without prior written authorization from the State agency or other entity providing the funds.
2. A commission shall not use municipal funds or grants provided for regional planning services under this chapter to cover the costs of providing services under any service agreement under this section.
  Added 2015, No. 89 (Adj. Sess.), § 1; amended 2017, No. 197 (Adj. Sess.), § 11.

History

Amendments--2017 (Adj. Sess.). Subdiv. (a)(2): Inserted ", which may be done electronically, provided the sender has proof of receipt" following "region" at the end of the first sentence.

§ 4346. Appropriations.

Regional planning commissions may apply for, receive, and expend monies from any source, public or private, including grants, loans, and funds made available by the participating municipalities, and by an agency or department of the State of Vermont, out of State funds appropriated to that agency or department for this purpose. Notwithstanding the provisions of any municipal charter, any municipality may appropriate and expend funds to and for regional planning commissions either by the authorization of its voters or by incorporating such amount as a line item in their administrative budget.

Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1971, No. 257 (Adj. Sess.), § 4, eff. April 11, 1972; 1995, No. 190 (Adj. Sess.), § 1(a); 2009, No. 146 (Adj. Sess.), § G5, eff. June 1, 2010; 2013, No. 36 , § 2.

History

Amendments--2013. Amended first sentence generally.

Amendments--2009 (Adj. Sess.) Deleted former subsec. (b); retained text of former subsec. (a).

Amendments--1995 (Adj. Sess.) Substituted "agency of commerce and community development" for "agency of development and community affairs" in subsecs. (a) and (b).

Amendments--1971 (Adj. Sess.). Section amended generally.

Cross References

Cross references. Appropriations from municipal and regional planning fund, see § 4306 of this title.

Appropriations to regional planning commissions generally, see § 4362 of this title.

§ 4347. Purposes of regional plan.

A regional plan shall be made with the general purpose of guiding and accomplishing a coordinated, efficient, and economic development of the region which will, in accordance with the present and future needs and resources, best promote the health, safety, order, convenience, prosperity, and welfare of the inhabitants as well as efficiency and economy in the process of development. This general purpose includes recommending a distribution of population and of the uses of the land for urbanization, trade, industry, habitation, recreation, agriculture, forestry, and other uses as will tend to:

create conditions favorable to transportation, health, safety, civic activities, and educational and cultural opportunities;
reduce the wastes of financial, energy, and human resources which result from either excessive congestion or excessive scattering of population;
promote an efficient and economic utilization of drainage, energy, sanitary, and other facilities and resources;
promote the conservation of the supply of food, water, energy, and minerals;
promote the production of food and fiber resources and the reasonable use of mineral, water, and renewable energy resources; and
promote the development of housing suitable to the needs of the region and its communities.
Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1979, No. 174 (Adj. Sess.), § 6; 1987, No. 200 (Adj. Sess.), §§ 22, 23, eff. July 1, 1989.

History

2019. In the introductory paragraph, deleted ", but is not limited to" following "includes" in accordance with 2013, No. 5 , § 4.

Amendments--1987 (Adj. Sess.). Subdiv. (4): Deleted "and" following "minerals".

Subdiv. (5): Added "and" following "energy resources".

Subdiv. (6): Added.

Amendments--1979 (Adj. Sess.). Section amended generally.

§ 4348. Adoption and amendment of regional plan.

A regional planning commission shall adopt a regional plan. Any plan for a region, and any amendment thereof, shall be prepared by the regional planning commission. At the outset of the planning process and throughout the process, regional planning commissions shall solicit the participation of local citizens and organizations by holding informal working sessions that suit the needs of local people.
The regional planning commission shall hold two or more public hearings within the region after public notice on any proposed plan or amendment. The minimum number of required public hearings may be specified within the bylaws of the regional planning commission.
At least 30 days prior to the first hearing, a copy of the proposed plan or amendment, with a request for general comments and for specific comments with respect to the extent to which the plan or amendment is consistent with the goals established in section 4302 of this title, shall be delivered physically or electronically with proof of receipt or sent by certified mail, return receipt requested, to each of the following:
1. the chair of the legislative body of each municipality within the region;
2. the executive director of each abutting regional planning commission;
3. the Department of Housing and Community Development within the Agency of Commerce and Community Development;
4. business, conservation, low-income advocacy, and other community or interest groups or organizations that have requested notice in writing prior to the date the hearing is warned; and
5. the Agency of Natural Resources and the Agency of Agriculture, Food and Markets.
Any of the foregoing bodies, or their representatives, may submit comments on the proposed regional plan or amendment to the regional planning commission, and may appear and be heard in any proceeding with respect to the adoption of the proposed plan or amendment.
The regional planning commission may make revisions to the proposed plan or amendment at any time not less than 30 days prior to the final public hearing held under this section. If the proposal is changed, a copy of the proposed change shall be delivered physically or electronically with proof of receipt or by certified mail, return receipt requested, to the chair of the legislative body of each municipality within the region, and to any individual or organization requesting a copy, at least 30 days prior to the final hearing.
A regional plan or amendment shall be adopted by not less than a 60 percent vote of the commissioners representing municipalities, in accordance with the bylaws of the regional planning commission, and immediately submitted to the legislative bodies of the municipalities that comprise the region. The plan or amendment shall be considered duly adopted and shall take effect 35 days after the date of adoption, unless, within 35 days of the date of adoption, the regional planning commission receives certification from the legislative bodies of a majority of the municipalities in the region vetoing the proposed plan or amendment. In case of such a veto, the plan or amendment shall be deemed rejected.
Regional plans may be reviewed from time to time and may be amended in the light of new developments and changed conditions affecting the region.
In proceedings under 10 V.S.A. chapter 151, 10 V.S.A. chapter 159, and 30 V.S.A. § 248 , in which the provisions of a regional plan or a municipal plan are relevant to the determination of any issue in those proceedings:
1. the provisions of the regional plan shall be given effect to the extent that they are not in conflict with the provisions of a duly adopted municipal plan;
2. to the extent that such a conflict exists, the regional plan shall be given effect if it is demonstrated that the project under consideration in the proceedings would have a substantial regional impact.
[Repealed.]
Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1971, No. 257 (Adj. Sess.), § 5, eff. April 11, 1972; 1979, No. 174 (Adj. Sess.), § 7; 1981, No. 132 (Adj. Sess.), § 7; 1987, No. 200 (Adj. Sess.), § 24, eff. July 1, 1989; 1989, No. 280 (Adj. Sess.), § 4a; 1989, No. 286 (Adj. Sess.), § 11, eff. June 22, 1990; 1995, No. 190 (Adj. Sess.), § 1(a); 2009, No. 146 (Adj. Sess.), § G5, eff. June 1, 2010; 2015, No. 64 , § 28; 2017, No. 197 (Adj. Sess.), § 12.

History

2013. In subdiv. (c)(3), substituted "Housing and Community Development" for "Economic, Housing and Community Development" in light of Executive Order No. 3-56 (No. 01-13), effective April 12, 2013.

Amendments--2017 (Adj. Sess.). Subsec. (c): Inserted "physically or electronically" following "delivered".

Subsec. (e): Inserted "physically or electronically" following "delivered" and substituted "chair" for "chairperson" preceding "of the" in the second sentence.

Amendments--2015. Subdiv. (c)(5): Added.

Amendments--2009 (Adj. Sess.) Added "economic" preceding "housing" and substituted "development" for "affairs" in subdiv. (c)(3), deleted former subdiv. (c)(4), redesignated former subdiv. (c)(5) as present subdiv. (c)(4), deleted the former last sentence of subsec. (f), and deleted subsec. (i).

Amendments--1995 (Adj. Sess.) Subdiv. (c)(3): Substituted "agency of commerce and community development" for "agency of development and community affairs".

Amendments--1989 (Adj. Sess.). Subsec. (h): Act Nos. 280 and 286 rewrote the introductory paragraph and inserted "duly adopted" preceding "municipal plan" and deleted "of a municipality that has been confirmed under this chapter" thereafter in subdiv. (1).

Amendments--1987 (Adj. Sess.). Subsec. (a): Substituted "shall adopt" for "may have" following "commission" in the first sentence and added the third sentence.

Subsec. (b): Substituted "two" for "one" following "commission shall hold" in the first sentence.

Subsec. (c): Amended generally.

Subsec. (d): Substituted "and" for "or" following "commission".

Subsec. (e): In the second sentence, substituted "chairperson" for "chairman" preceding "of the legislative" and inserted "and to any individual or organization requesting a copy" preceding "at least 30".

Subsec. (f): Amended generally.

Subdiv. (h)(1): Deleted "duly adopted" preceding "municipal plan" and substituted "of a municipality that has been confirmed under this chapter" for "applicable to the area in question; and" thereafter.

Subdiv. (h)(2): Substituted "shall" for "may" preceding "be given effect".

Subsec. (i): Added.

Amendments--1981 (Adj. Sess.). Section amended generally.

Amendments--1979 (Adj. Sess.). Subdiv. (b)(8): Added.

Amendments--1971 (Adj. Sess.). Subdiv. (b)(4): Inserted the word "public" before "utilities" and added reference to power generating plants and transmission lines.

Cross References

Cross references. Review of sufficiency of plan, see § 4476 of this title.

ANNOTATIONS

Cited. In re Green Peak Estates, 154 Vt. 363, 577 A.2d 676 (1990).

§ 4348a. Elements of a regional plan.

A regional plan shall be consistent with the goals established in section 4302 of this title and shall include the following:
1. A statement of basic policies of the region to guide the future growth and development of land and of public services and facilities, and to protect the environment.
2. A land use element, which shall consist of a map and statement of present and prospective land uses, that:
  1. Indicates those areas proposed for forests, recreation, agriculture (using the agricultural lands identification process established in 6 V.S.A. § 8 ), residence, commerce, industry, public, and semi-public uses, open spaces, areas reserved for flood plain, and areas identified by the State, regional planning commissions, or municipalities that require special consideration for aquifer protection; for wetland protection; for the maintenance of forest blocks, wildlife habitat, and habitat connectors; or for other conservation purposes.
  2. Indicates those areas within the region that are likely candidates for designation under sections 2793 (downtown development districts), 2793a (village centers), 2793b (new town centers), and 2793c (growth centers) of this title.
  3. Indicates locations proposed for developments with a potential for regional impact, as determined by the regional planning commission, including flood control projects, surface water supply projects, industrial parks, office parks, shopping centers and shopping malls, airports, tourist attractions, recreational facilities, private schools, public or private colleges, and residential developments or subdivisions.
  4. Sets forth the present and prospective location, amount, intensity, and character of such land uses and the appropriate timing or sequence of land development activities in relation to the provision of necessary community facilities and services.
  5. Indicates those areas that have the potential to sustain agriculture and recommendations for maintaining them which may include transfer of development rights, acquisition of development rights, or farmer assistance programs.
  6. Indicates those areas that are important as forest blocks and habitat connectors and plans for land development in those areas to minimize forest fragmentation and promote the health, viability, and ecological function of forests. A plan may include specific policies to encourage the active management of those areas for wildlife habitat, water quality, timber production, recreation, or other values or functions identified by the regional planning commission.
3. An energy element, which may include an analysis of resources, needs, scarcities, costs, and problems within the region across all energy sectors, including electric, thermal, and transportation; a statement of policy on the conservation and efficient use of energy and the development and siting of renewable energy resources; a statement of policy on patterns and densities of land use likely to result in conservation of energy; and an identification of potential areas for the development and siting of renewable energy resources and areas that are unsuitable for siting those resources or particular categories or sizes of those resources.
4. A transportation element, which may consist of a statement of present and prospective transportation and circulation facilities, and a map showing existing and proposed highways, including limited access highways, and streets by type and character of improvement, and where pertinent, anticipated points of congestion, parking facilities, transit routes, terminals, bicycle paths and trails, scenic roads, airports, railroads and port facilities, and other similar facilities or uses, and recommendations to meet future needs for such facilities, with indications of priorities of need, costs, and method of financing.
5. A utility and facility element, consisting of a map and statement of present and prospective local and regional community facilities and public utilities, whether publicly or privately owned, showing existing and proposed educational, recreational and other public sites, buildings and facilities, including public schools, State office buildings, hospitals, libraries, power generating plants and transmission lines, wireless telecommunications facilities and ancillary improvements, water supply, sewage disposal, refuse disposal, storm drainage, and other similar facilities and activities, and recommendations to meet future needs for those facilities, with indications of priority of need.
6. A statement of policies on the:
  1. preservation of rare and irreplaceable natural areas, scenic and historic features and resources; and
  2. protection and improvement of the quality of waters of the State to be used in the development and furtherance of the applicable basin plans established by the Secretary of Natural Resources under 10 V.S.A. § 1253 .
7. A program for the implementation of the regional plan's objectives, including a recommended investment strategy for regional facilities and services based on a capacity study of the elements in this section.
8. A statement indicating how the regional plan relates to development trends, needs, and plans and regional plans for adjacent municipalities and regions.
9. A housing element that identifies the need for housing for all economic groups in the region and communities. In establishing the identified need, due consideration shall be given to data gathered pursuant to subsection 4382(c) of this title. If no such data has been gathered, the regional planning commission shall gather it.
10. An economic development element that describes present economic conditions and the location, type, and scale of desired economic development, and identifies policies, projects, and programs necessary to foster economic growth.
11. 1. A flood resilience element that: (11) (A) A flood resilience element that:
    1. identifies flood hazard and fluvial erosion hazard areas, based on river corridor maps provided by the Secretary of Natural Resources pursuant to 10 V.S.A. § 1428(a) or maps recommended by the Secretary, and designates those areas to be protected, including floodplains, river corridors, land adjacent to streams, wetlands, and upland forests, to reduce the risk of flood damage to infrastructure and improved property; and
    2. recommends policies and strategies to protect the areas identified and designated under this subdivision (A) and to mitigate risks to public safety, critical infrastructure, historic structures, and public investments.
  2. A flood resilience element may reference an existing regional hazard mitigation plan approved under 44 C.F.R. § 201.6.
The various elements and statements shall be correlated with the land use element and with each other. The maps called for by this section may be incorporated on one or more maps, and may be referred to in each separate statement called for by this section.
Added 1981, No. 132 (Adj. Sess.), § 7; amended 1985, No. 188 (Adj. Sess.), § 9; 1987, No. 200 (Adj. Sess.), §§ 26, 27, eff. July 1, 1989; 1997, No. 94 (Adj. Sess.), § 3, eff. April 15, 1998; 2011, No. 52 , § 32, eff. July 1, 2012; 2013, No. 16 , § 3, eff. July 1, 2014; 2013, No. 146 (Adj. Sess.), § 7, eff. May 27, 2014; 2015, No. 64 , § 29; 2015, No. 171 (Adj. Sess.), § 16, eff. Jan. 1, 2018; 2015, No. 174 (Adj. Sess.), § 5.

History

2013 In subdiv. (a)(2)(B), deleted "but not limited to" following "including" in accordance with 2013, No. 5 , § 4.

Amendments--2015 (Adj. Sess.). Subdiv. (a)(2): Amended generally by Act No. 171.

Subdiv. (a)(2)(F): Added by Act No. 171.

Subdiv. (a)(3): Subdiv. amended generally by Act No. 174.

Amendments--2015. Subdiv. (a)(6): Added the subdiv. (A) designation and added subdiv. (B).

Amendments--2013 (Adj. Sess.). Subsec. (a): Deleted "but need not be limited to" following "and shall include".

Subdiv. (a)(2)(B): Added remaining subdivs. redesignated accordingly.

Amendments--2013. Subdiv. (a)(11): Added.

Amendments--2011. Subdiv. (a)(10): Added.

Amendments--1997 (Adj. Sess.). Inserted "wireless telecommunications facilities and ancillary improvements" in subdiv. (a)(5).

Amendments--1987 (Adj. Sess.). Subsec. (a): Rewrote the introductory paragraph, deleted "goals and" preceding "basic" in subdiv. (1), substituted "shall" for "must" preceding "consist" in the introductory paragraph of subdiv. (2), rewrote subdiv. (2)(A), added subdiv. (2)(D), rewrote subdiv. (7), substituted "and regions" for "regions and areas, and the state capability and development plan" following "municipalities" in subdiv. (8), and added subdiv. (9).

Subsec. (b): Substituted "shall" for "should" following "statements" in the first sentence.

Subsec. (c): Repealed.

Subsec. (d): Repealed.

Amendments--1985 (Adj. Sess.). Subdiv. (a)(2)(A): Inserted "wetland protection" following "aquifer protection".

Effective date and applicability of 2015 (Adj. Sess.) amendment. 2015, No. 171 (Adj. Sess.) § 21(c) provides: "Secs. 15 (forest integrity; definitions) [which amended 24 V.S.A. § 4303], 16 (elements of a regional plan) [which amended this section] and 17 (plan for municipality) [which amended 24 V.S.A. § 4382] shall take effect on January 1, 2018. Secs. 15-17 shall apply to municipal and regional plans adopted or amended on or after January 1, 2018."

§ 4348b. Readoption of regional plans.

Unless they are readopted, all regional plans, including all prior amendments, shall expire every eight years.
1. A regional plan that has expired or is about to expire may be readopted as provided under section 4348 of this title for the adoption of a regional plan or amendment. Prior to any readoption, the regional planning commission shall prepare an assessment report which shall be submitted to the Agency of Commerce and Community Development and the municipalities within the region. The assessment report may include: (b) (1) A regional plan that has expired or is about to expire may be readopted as provided under section 4348 of this title for the adoption of a regional plan or amendment. Prior to any readoption, the regional planning commission shall prepare an assessment report which shall be submitted to the Agency of Commerce and Community Development and the municipalities within the region. The assessment report may include:
  1. the extent to which the plan has been implemented since adoption or readoption;
  2. an evaluation of the goals and policies and any amendments necessary due to changing conditions of the region;
  3. an evaluation of the land use element and any amendments necessary to reflect changes in land use within the region or changes to regional goals and policies;
  4. priorities for implementation in the next five years; and
  5. updates to information and data necessary to support goals and policies.
2. The readopted plan shall remain in effect for the ensuing eight years unless earlier readopted.
Upon the expiration of a regional plan under this section, the regional plan shall be of no further effect in any other proceeding.
All regional plans that expire after July 1, 1991 shall be readopted to be consistent with planning goals and shall follow the review process referred to in 1988 Acts and Resolves No. 200.
Added 1981, No. 132 (Adj. Sess.), § 8; amended 1987, No. 200 (Adj. Sess.), § 25, eff. July 1, 1989; 1989, No. 101 , §§ 2, 3; 2009, No. 146 (Adj. Sess.), § G5, eff. June 1, 2010; 2011, No. 52 , § 30, eff. July 1, 2012.

History

2019. In subsec. (d), substituted "1988 Acts and Resolves No. 200" for "No. 200 of the Acts of the 1987 Adj. Sess. (1988)" to conform to V.S.A. style.

Deleted as obsolete the second and third sentences of subsec. (d), relating to extension of regional plans until July 1, 1991 and continuation of proceedings for adoption of plans commenced before July 1, 1989.

Amendments--2011. Section amended generally.

Amendments--2009 (Adj. Sess.) Substituted "eight" for "five" in subsecs. (a) and (b).

Amendments--1989. Subsec. (a): Deleted the second sentence.

Subsec. (d): Added.

Amendments--1987 (Adj. Sess.). Subsec. (b): Rewrote the first sentence.

§ 4349. Regional plan; adoption by municipality.

If a regional planning commission prepares and adopts a regional plan, the regional plan or a portion thereof may then be adopted by the legislative body of any member municipality as its plan in accordance with subchapter 5 of this chapter.
The legislative body of any municipality may designate the regional planning commission of a region of which such municipality is a member as the planning commission of such municipality, and, if so designated, the regional planning commission shall thereafter act as the planning commission of such municipality until a planning commission is created under section 4321 of this title or until such regional planning commission notifies such legislative body, in writing, that it no longer will so act.
Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968.

ANNOTATIONS

1. Amendments to plan.

If a regional planning commission amends a regional plan which a town has adopted as its municipal plan, the town's plan is not automatically amended, unless the town has so provided in its resolution adopting the regional plan as its local plan. 1972 Op. Atty. Gen. 155.

§ 4350. Review and consultation regarding municipal planning effort.

A regional planning commission shall consult with its municipalities with respect to the municipalities' planning efforts, ascertaining the municipalities' needs as individual municipalities and as neighbors in a region, and identifying the assistance that ought to be provided by the regional planning commission. As a part of this consultation, the regional planning commission, after public notice, shall review the planning process of its member municipalities at least twice during an eight-year period, or more frequently on request of the municipality, and shall so confirm when a municipality:
1. is engaged in a continuing planning process that, within a reasonable time, will result in a plan that is consistent with the goals contained in section 4302 of this title;
2. is engaged in a process to implement its municipal plan, consistent with the program for implementation required under section 4382 of this title; and
3. is maintaining its efforts to provide local funds for municipal and regional planning purposes.
1. As part of the consultation process, the commission shall consider whether a municipality has adopted a plan. In order to obtain or retain confirmation of the planning process, a municipality must have an approved plan. A regional planning commission shall review and approve plans of its member municipalities, when approval is requested and warranted. Each review shall include a public hearing which is noticed at least 15 days in advance by posting in the office of the municipal clerk and at least one public place within the municipality and by publication in a newspaper or newspapers of general publication in the region affected. The commission shall approve a plan if it finds that the plan: (b) (1) As part of the consultation process, the commission shall consider whether a municipality has adopted a plan. In order to obtain or retain confirmation of the planning process, a municipality must have an approved plan. A regional planning commission shall review and approve plans of its member municipalities, when approval is requested and warranted. Each review shall include a public hearing which is noticed at least 15 days in advance by posting in the office of the municipal clerk and at least one public place within the municipality and by publication in a newspaper or newspapers of general publication in the region affected. The commission shall approve a plan if it finds that the plan:
  1. is consistent with the goals established in section 4302 of this title;
  2. is compatible with its regional plan;
  3. is compatible with approved plans of other municipalities in the region; and
  4. contains all the elements included in subdivisions 4382(a)(1)-(12) of this title.
2. A commission shall give approval or disapproval to a municipal plan or amendment within two months of its receipt following a final hearing held pursuant to section 4385 of this title. The fact that the plan is approved after the deadline shall not invalidate the plan. If the commission disapproves the plan or amendment, it shall state its reasons in writing and, if appropriate, suggest acceptable modifications. Submissions for approval that follow a disapproval shall receive approval or disapproval within 45 days.
3. The commission shall file any adopted plan or amendment with the Department of Housing and Community Development within two weeks of receipt from the municipality. Failure on the part of the commission to file the plan shall not invalidate the plan.
In order to retain confirmation of the planning process, a municipality shall document that it has reviewed and is actively engaged in a process to implement its adopted plan.
1. When assessing whether a municipality has been actively engaged in a process to implement its adopted plan, the regional planning commission shall consider the activities of local boards and commissions with regard to the preparation or adoption of bylaws and amendments; capital budgets and programs; supplemental plans; or other actions, programs, or measures undertaken or scheduled to implement the adopted plan. The regional planning commission shall also consider factors that may have hindered or delayed municipal implementation efforts.
2. The consultation may include guidance by the regional planning commission with regard to resources and technical support available to the municipality to implement its adopted plan and recommendations by the regional planning commission for plan amendments and for updating the plan prior to readoption under section 4387 of this title.
During the period of time when a municipal planning process is confirmed:
1. The municipality's plan will not be subject to review by the Commissioner of Housing and Community Development under section 4351 of this title.
2. State agency plans adopted under 3 V.S.A. chapter 67 shall be compatible with the municipality's approved plan.
3. The municipality may levy impact fees on new development within its borders, according to the provisions of chapter 131 of this title.
4. The municipality shall be eligible to receive additional funds from the municipal and regional planning fund.
Confirmation and approval decisions under this section shall be made by majority vote of the commissioners representing municipalities, in accordance with the bylaws of the regional planning commission.
Added 1987, No. 200 (Adj. Sess.), § 15, eff. July 1, 1989; amended 1989, No. 101 , § 4; 1989, No. 280 (Adj. Sess.), § 5; 2003, No. 115 (Adj. Sess.), § 87; 2009, No. 146 (Adj. Sess.), § G5, eff. June 1, 2010; 2015, No. 90 (Adj. Sess.), § 1.

History

2013. In subsecs. (d) and (e), substituted "Housing and Community Development" for "Economic, Housing and Community Development" in light of Executive Order No. 3-56 (No. 01-13), effective April 12, 2013.

Amendments--2015 (Adj. Sess.). Section amended generally.

Amendments--2009 (Adj. Sess.) Substituted "eight-year" for "five-year" in subsec. (a), added "economic" preceding "housing" and substituted "development" for "affairs" in subsec. (d) and in subdiv. (e)(1), and substituted "chapter 67 of Title 3" for "3 V.S.A. chapter 67" in subdiv. (e)(2).

Amendments--2003 (Adj. Sess.). Subsec. (b): Substituted "at least 15 days in advance by posting in the office of the municipal clerk and at least one public place within the municipality and by" for "as provided in section 4447 of this title which notice shall also include" in the fourth sentence of the introductory paragraph.

Amendments--1989 (Adj. Sess.). Subsec. (b): In the introductory paragraph, substituted "or retain" for "continuing" preceding "confirmation", "January 1, 1996" for "five years" preceding "a municipality must" and "have" for "adopt" thereafter in the second sentence, deleted "or disapprove" following "approve" and added "when approval is requested and warranted" at the end of the third sentence, rewrote the fourth sentence, deleted "and" at the end of subdiv. (2), added "and" at the end of subdiv. (3), and added subdiv. (4) and the undesignated paragraph.

Subsec. (d): Deleted "approved and" preceding "adopted" in the first sentence.

Subsec. (e): Amended generally.

Amendments--1989. Subsec. (b): Deleted "3 V.S.A. § 839 for administrative rules, notwithstanding the notice requirements established in" preceding "section 4447 of this title" and added "which notice shall also include publication in a newspaper or newspapers of general publication in the region affected" thereafter in the fourth sentence.

Cross References

Cross references. Formal review of regional planning commission decisions, see § 4476 of this title.

§ 4351. Review by Commissioner of Housing and Community Development.

The Commissioner of Housing and Community Development shall establish guidelines for the provision of affordable housing by municipalities with plans that have not been approved under this chapter. These guidelines shall be consistent with goals established in section 4302 of this title.
On a periodic basis, commencing in 1996, the Commissioner of Housing and Community Development, or a designee, shall review the planning process of municipalities that do not have approved plans, for compliance with the affordable housing criteria established under this section and shall issue a report to the municipality and to the regional planning commission. Each review shall include a public hearing which is noticed at least 15 days in advance by posting in the office of the municipal clerk and at least one public place within the municipality and by publication in a newspaper or newspapers of general publication in the region affected.
Added 1987, No. 200 (Adj. Sess.), § 15a, eff. July 1, 1989; amended 1989, No. 101 , § 5; 1989, No. 280 (Adj. Sess.), § 6; 2003, No. 115 (Adj. Sess.), § 88; 2009, No. 146 (Adj. Sess.), § G5, eff. June 1, 2010.

History

2013. Substituted "Housing and Community Development" for "Economic, Housing and Community Development" in light of Executive Order No. 3-56 (No. 01-13), effective April 12, 2013.

Amendments--2009 (Adj. Sess.) Added "economic" preceding "housing" and substituted "development" for "affairs" in the section heading and throughout the section.

Amendments--1989 (Adj. Sess). Subsec. (a): Substituted "that have not been approved" for "disapproved" following "plans" in the first sentence.

Subsec. (b): Substituted "on a periodic basis, commencing in 1996" for "upon receiving notification of the adoption of a disapproved plan" preceding "the commissioner", deleted "municipality's" preceding "planning process" and inserted "of municipalities that do not have approved plans" thereafter in the first sentence.

Amendments--1989. Subsec. (b): Inserted "of the department" following "commissioner" in the first sentence, deleted "3 V.S.A. § 839 for administrative rules, notwithstanding the notice requirements established in" preceding "section 4447 of this title" and added "which notice shall also include publication in a newspaper or newspapers of general publication in the region affected" thereafter in the second sentence.

§ 4352. Optional determination of energy compliance; enhanced energy planning.

Regional plan. A regional planning commission may submit its adopted regional plan to the Commissioner of Public Service appointed under 30 V.S.A. § 1 for a determination of energy compliance. The Commissioner shall issue an affirmative determination on finding that the regional plan meets the requirements of subsection (c) of this section and allows for the siting in the region of all types of renewable generation technologies.
Municipal plan. If the Commissioner of Public Service has issued an affirmative determination of energy compliance for a regional plan that is in effect, a municipal legislative body within the region may submit its adopted municipal plan to the regional planning commission for issuance of a determination of energy compliance. The regional planning commission shall issue an affirmative determination, signed by the chair of the regional planning commission, on finding that the municipal plan meets the requirements of subsection (c) of this section and is consistent with the regional plan.
Enhanced energy planning; requirements. To obtain an affirmative determination of energy compliance under this section, a plan must:
1. in the case of a regional plan, include the energy element as described in subdivision 4348a(a)(3) of this title;
2. in the case of a municipal plan, include an energy element that has the same components as described in subdivision 4348a(a)(3) of this title for a regional plan and be confirmed under section 4350 of this title;
3. be consistent with the following, with consistency determined in the manner described under subdivision 4302(f)(1) of this title:
  1. Vermont's greenhouse gas reduction goals under 10 V.S.A. § 578(a) ;
  2. Vermont's 25 by 25 goal for renewable energy under 10 V.S.A. § 580 ;
  3. Vermont's building efficiency goals under 10 V.S.A. § 581 ;
  4. State energy policy under 30 V.S.A. § 202a and the recommendations for regional and municipal energy planning pertaining to the efficient use of energy and the siting and development of renewable energy resources contained in the State energy plans adopted pursuant to 30 V.S.A. §§ 202 and 202b; and
  5. the distributed renewable generation and energy transformation categories of resources to meet the requirements of the Renewable Energy Standard under 30 V.S.A. §§ 8004 and 8005; and
4. meet the standards for issuing a determination of energy compliance included in the State energy plans.
State energy plans; recommendations; standards.
1. The State energy plans shall include the recommendations for regional and municipal energy planning and the standards for issuing a determination of energy compliance described in subdivision (c)(3) of this section.
2. The recommendations shall provide strategies and options for regional planning commissions and municipalities to employ in meeting the goals and policies contained in statutes listed in subdivision (c)(3) of this section.
3. The standards shall consist of a list of criteria for issuing a determination of energy compliance that ensure consistency with the goals and policies contained in the statutes listed in subdivision (c)(3) of this section and the recommendations developed pursuant to this subsection.
4. In developing standards and recommendations under this subsection, the Commissioner of Public Service shall consult with all persons identified under 30 V.S.A. § 202(d)(1) ; the Secretaries of Agriculture, Food and Markets, of Commerce and Community Development, of Natural Resources, and of Transportation; and other affected persons.
5. The Commissioner of Public Service shall provide the Commissioner of Housing and Community Development with a copy of the recommendations and standards developed under this subsection for inclusion in the planning and land use manual prepared pursuant to section 4304 of this title.
Process for issuing determinations of energy compliance. Review of whether to issue a determination of energy compliance under this section shall include a public hearing noticed at least 15 days in advance by direct mail or electronically with proof of receipt to the requesting regional planning commission or municipal legislative body, posting on the website of the entity from which the determination is requested, and publication in a newspaper of general publication in the region or municipality affected. The Commissioner or regional planning commission shall issue the determination in writing within two months after the receipt of a request for a determination. If the determination is negative, the Commissioner or regional planning commission shall state the reasons for denial in writing and, if appropriate, suggest acceptable modifications. Submissions for a new determination that follow a negative determination shall receive a new determination within 45 days.
Appeal. A regional planning commission aggrieved by an act or decision of the Commissioner of Public Service under this section may appeal to the Natural Resources Board established under 10 V.S.A. chapter 151 within 30 days of the act or decision. The provisions of 10 V.S.A. § 6024 regarding assistance to the Board from other departments and agencies of the State shall apply to this subsection. The Board shall conduct a de novo hearing on the act or decision under appeal and shall proceed in accordance with the contested case requirements of the Vermont Administrative Procedure Act. The Board shall issue a final decision within 90 days of the filing of the appeal.
Municipality; determination from DPS; time-limited option. Until July 1, 2018, a municipality whose plan has been confirmed under section 4350 of this title may seek issuance of a determination of energy compliance from the Commissioner of Public Service if it is a member of a regional planning commission whose regional plan has not received such a determination.
1. The Commissioner shall issue an affirmative determination of energy compliance for the municipal plan on finding that the plan meets the requirements of subsection (c) of this section. The Commissioner's review of the municipal plan shall be for the purpose only of determining whether a determination of energy compliance should be issued because those requirements are met.
2. A municipality aggrieved by an act or decision of the Commissioner under this subsection may appeal in accordance with the procedures of subsection (f) of this section.
Determination; time period. An affirmative determination of energy compliance issued pursuant to this section shall remain in effect until the end of the period for expiration or readoption of the plan to which it applies.
Commissioner; consultation. In the discharge of the duties assigned under this section, the Commissioner shall consult with and solicit the recommendations of the Secretaries of Agriculture, Food and Markets, of Commerce and Community Development, of Natural Resources, and of Transportation.
Added 2015, No. 174 (Adj. Sess.), § 6, eff. June 13, 2016; amended 2017, No. 197 (Adj. Sess.), § 13.

History

Amendments--2017 (Adj. Sess.). Subsec. (e): Inserted "or electronically with proof of receipt" following "mail" in the first sentence and substituted "after" for "of" preceding "the receipt" in the second sentence.

Subchapter 4. Regional Development

§ 4361. Repealed. 1981, No. 132 (Adj. Sess.), § 18.

History

Former § 4361 related to additional powers and duties of the regional planning commissions and was derived from 1967, No. 334 (Adj. Sess.), § 1. The subject matter is now covered by subdivs. (6) and (12) of § 4345 of this title.

§ 4362. Appropriations.

For the purposes outlined in subdivisions 4345(6) and (12) of this title, regional planning commissions may receive and expend monies from any source, including the participating municipalities and the Agency of Commerce and Community Development, out of funds appropriated to that Agency for this purpose. Municipalities may appropriate to and expend funds for regional planning commissions for this purpose. Direct financial assistance from the State to regional planning commissions for the purposes outlined in subdivisions 4345(6) and (12) of this title is restricted to 50 percent of the annual operating expenses of the commission.
Regional planning commissions requesting State aid from the Agency of Commerce and Community Development shall submit annual reports to the Agency of their activities and shall comply with such rules, regulations, and standards as the Agency shall prescribe to determine eligibility for State financial assistance, and, further, shall submit to the Agency, or must be in the process of preparing, a program for the economic development of the region that is consistent with the regional plan for the region that has been adopted or that is in the process of preparation.
Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1971, No. 257 (Adj. Sess.), § 6, eff. April 11, 1972; 1995, No. 190 (Adj. Sess.), § 1(a); 2019, No. 14 , § 67, eff. April 30, 2019.

History

Amendments--2019 Subsec. (a): Substituted "subdivisions 4345(6) and (12)" for "section 4361" twice, deleted ", without limitation," following "including", substituted "Agency" for "office" preceding "for this purpose", and substituted "50" for "fifty".

Amendments--1995 (Adj. Sess.) Substituted "agency of commerce and community development" for "agency of development and community affairs" in subsecs. (a) and (b).

Amendments--1971 (Adj. Sess.). Subsec. (a): Added reference to "section 4361" and deleted the fourth sentence.

Subsec. (b): Substituted "agency of development and community affairs" for "central planning office" and "agency" for "department".

Cross References

Cross references. Appropriations from municipal and regional planning fund, see § 4306 of this title.

Appropriations to regional planning commissions generally, see § 4346 of this title.

Subchapter 5. Municipal Development Plan

§ 4381. Authorization.

Any municipality may undertake a comprehensive planning program, including related preliminary planning and engineering studies, and prepare, maintain, and implement a plan within its jurisdiction in accordance with this chapter.

Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1987, No. 200 (Adj. Sess.), § 9, eff. July 1, 1989; 1989, No. 280 (Adj. Sess.), § 4b.

History

Revision note. Deleted subsec. (a) designation at the beginning of the section in light of the repeal of subsec. (b).

Amendments--1989 (Adj. Sess.). Subsec. (b): Repealed.

Amendments--1987 (Adj. Sess.). Designated the existing provisions of the section as subsec. (a) and added subsec. (b).

Cross References

Cross references. Confirmation of municipal planning effort, see § 4350 of this title.

§ 4382. The plan for a municipality.

A plan for a municipality may be consistent with the goals established in section 4302 of this title and compatible with approved plans of other municipalities in the region and with the regional plan and shall include the following:
1. A statement of objectives, policies, and programs of the municipality to guide the future growth and development of land, public services, and facilities, and to protect the environment.
2. A land use plan, which shall consist of a map and statement of present and prospective land uses, that:
  1. Indicates those areas proposed for forests, recreation, agriculture (using the agricultural lands identification process established in 6 V.S.A. § 8 ), residence, commerce, industry, public and semi-public uses, and open spaces, areas reserved for flood plain, and areas identified by the State, the regional planning commission, or the municipality that require special consideration for aquifer protection; for wetland protection; for the maintenance of forest blocks, wildlife habitat, and habitat connectors; or for other conservation purposes.
  2. Sets forth the present and prospective location, amount, intensity, and character of such land uses and the appropriate timing or sequence of land development activities in relation to the provision of necessary community facilities and service.
  3. Identifies those areas, if any, proposed for designation under chapter 76A of this title, together with, for each area proposed for designation, an explanation of how the designation would further the plan's goals and the goals of section 4302 of this title, and how the area meets the requirements for the type of designation to be sought.
  4. Indicates those areas that are important as forest blocks and habitat connectors and plans for land development in those areas to minimize forest fragmentation and promote the health, viability, and ecological function of forests. A plan may include specific policies to encourage the active management of those areas for wildlife habitat, water quality, timber production, recreation, or other values or functions identified by the municipality.
3. A transportation plan, consisting of a map and statement of present and prospective transportation and circulation facilities showing existing and proposed highways and streets by type and character of improvement, and where pertinent, parking facilities, transit routes, terminals, bicycle paths and trails, scenic roads, airports, railroads, and port facilities, and other similar facilities or uses, with indications of priority of need.
4. A utility and facility plan, consisting of a map and statement of present and prospective community facilities and public utilities showing existing and proposed educational, recreational and other public sites, buildings and facilities, including hospitals, libraries, power generating plants and transmission lines, water supply, sewage disposal, refuse disposal, storm drainage, and other similar facilities and activities, and recommendations to meet future needs for community facilities and services, with indications of priority of need, costs, and method of financing.
5. A statement of policies on the preservation of rare and irreplaceable natural areas, scenic and historic features, and resources.
6. An educational facilities plan consisting of a map and statement of present and projected uses and the local public school system.
7. A recommended program for the implementation of the objectives of the development plan.
8. A statement indicating how the plan relates to development trends and plans for adjacent municipalities, areas, and the region developed under this title.
9. An energy plan, including an analysis of energy resources, needs, scarcities, costs and problems within the municipality, a statement of policy on the conservation of energy, including programs, such as thermal integrity standards for buildings, to implement that policy, a statement of policy on the development of renewable energy resources, a statement of policy on patterns and densities of land use likely to result in conservation of energy.
10. A housing element that shall include a recommended program for addressing low and moderate income persons' housing needs as identified by the regional planning commission pursuant to subdivision 4348a(a)(9) of this title. The program should account for permitted accessory dwelling units, as defined in subdivision 4412(1)(E) of this title, which provide affordable housing.
11. An economic development element that describes present economic conditions and the location, type, and scale of desired economic development, and identifies policies, projects, and programs necessary to foster economic growth.
12. 1. A flood resilience plan that: (12) (A) A flood resilience plan that:
    1. identifies flood hazard and fluvial erosion hazard areas, based on river corridor maps provided by the Secretary of Natural Resources pursuant to 10 V.S.A. § 1428(a) or maps recommended by the Secretary, and designates those areas to be protected, including floodplains, river corridors, land adjacent to streams, wetlands, and upland forests, to reduce the risk of flood damage to infrastructure and improved property; and
    2. recommends policies and strategies to protect the areas identified and designated under subdivision (12)(A)(i) of this subsection and to mitigate risks to public safety, critical infrastructure, historic structures, and municipal investments.
  2. A flood resilience plan may reference an existing local hazard mitigation plan approved under 44 C.F.R. § 201.6.
The maps called for by this section may be incorporated on one or more maps, and may be referred to in each separate statement called for by this section.
Where appropriate, and to further the purposes of subsection 4302(b) of this title, a municipal plan shall be based upon inventories, studies, and analyses of current trends and shall consider the probable social and economic consequences of the proposed plan. Such studies may consider or contain, but not be limited to:
1. population characteristics and distribution, including income and employment;
2. the existing and projected housing needs by amount, type, and location for all economic groups within the municipality and the region;
3. existing and estimated patterns and rates of growth in the various land use classifications, and desired patterns and rates of growth in terms of the community's ability to finance and provide public facilities and services.
Where appropriate, a municipal plan may provide for the use of "transit passes" or other evidence of reduced demand for parking spaces in lieu of parking spaces.
Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1971, No. 257 (Adj. Sess.), § 7, eff. April 11, 1972; 1975, No. 236 (Adj. Sess.), § 2; 1979, No. 174 (Adj. Sess.), § 8; 1985, No. 188 (Adj. Sess.), § 10; 1987, No. 200 (Adj. Sess.), §§ 8, 10, eff. July 1, 1989; 1989, No. 280 (Adj. Sess.), § 7; 1991, No. 130 (Adj. Sess.), § 2; 1995, No. 122 (Adj. Sess.), § 2, eff. Apr. 25, 1996; 2003, No. 115 (Adj. Sess.), § 89; 2011, No. 52 , § 33, eff. July 1, 2012; 2013, No. 16 , § 4, eff. July 1, 2014; 2013, No. 146 (Adj. Sess.), § 6, eff. May 27, 2014; 2015, No. 171 (Adj. Sess.), § 17, eff. Jan. 1, 2018.

History

Amendments--2015 (Adj. Sess.). Subdiv. (a)(2): Amended generally.

Subdiv. (a)(2)(D): Added.

Amendments--2013 (Adj. Sess.). Subdiv. (a)(1): Inserted comma following "public services".

Subdiv. (a)(2)(C): Added.

Amendments--2013. Subdiv. (a)(12): Added.

Amendments--2011. Subdiv. (a)(11): Added.

Amendments--2003 (Adj. Sess.). Subdiv. (a)(10): Substituted "subdivision 4348a(a)(9)" for "section 4348a(a)(9)" in the first sentence and rewrote the second sentence.

Amendments--1995 (Adj. Sess.) Subsec. (d): Added.

Amendments--1991 (Adj. Sess.). Subdiv. (a)(10): Added the second sentence.

Amendments--1989 (Adj. Sess.). Subsec. (a): Substituted "may" for "shall" preceding "be consistent" in the introductory paragraph and deleted "including elements of section 4401 of this title" at the end of subdiv. (7).

Amendments--1987 (Adj. Sess.). Subsec. (a): Rewrote the introductory paragraph, inserted "(using the agricultural lands identification process established in 6 V.S.A. § 8)" following "recreation, agriculture" in subdiv. (2), deleted "and state plans developed under Title 10" following "this title" in subdiv. (8), substituted "including programs, such as thermal integrity standards for buildings, to implement that policy, a statement of policy on" for "and" preceding "the development of renewable energy resources", deleted "and" thereafter and made other minor changes in punctuation in subdiv. (9), and added subdiv. (10).

Subsec. (d): Repealed.

Amendments--1985 (Adj. Sess.). Subdiv. (a)(2): Inserted "wetland protection" following "flood plain".

Amendments--1979 (Adj. Sess.). Subdiv. (a)(9): Added.

Amendments--1975 (Adj. Sess.). Section amended generally.

Amendments--1971 (Adj. Sess.). Subdiv. (a)(4): Inserted the word "public" before "utilities" and added reference to power generating plants and transmission lines.

Effective date and applicability of 2015 (Adj. Sess.) amendment. 2015, No. 171 (Adj. Sess.) § 21(c) provides: "Secs. 15 (forest integrity; definitions) [which amended 24 V.S.A. § 4303], 16 (elements of a regional plan) [which amended 24 V.S.A. § 4348a] and 17 (plan for municipality) [which amended this section] shall take effect on January 1, 2018. Secs. 15-17 shall apply to municipal and regional plans adopted or amended on or after January 1, 2018."

Cross References

Cross references. Adoption of regional plan as municipal plan, see § 4349 of this title.

Review of compatibility of municipal and regional plans, see § 4305 of this title.

ANNOTATIONS

1. Scope of plan.

Voters in rural section of town are not authorized to adopt zoning plan applicable only to rural areas as distinguished from zoning plan for township. 1948-50 Op. Atty. Gen. 253, (Decided under prior law.)

Cited. Smith v. Town of St. Johnsbury, 150 Vt. 351, 554 A.2d 233 (1988).

§ 4383. Repealed. 1987, No. 200 (Adj. Sess.), § 10, eff. July 1, 1989.

History

Former § 4383. Former § 4383, relating to the plans for a rural towns, was derived from 1967, No. 334 (Adj. Sess.), § 1 and amended by 1975, No. 236 (Adj. Sess.), § 3; 1979, No. 174 (Adj. Sess.), § 9 and 1985, No. 188 (Adj. Sess.), § 11.

§ 4384. Preparation of plan; hearings by planning commission.

A municipality may have a plan. Any plan for a municipality shall be prepared by the planning commission of that municipality. At the outset of the planning process and throughout the process, planning commissions shall solicit the participation of local citizens and organizations by holding informal working sessions that suit the needs of local people. An amendment or repeal of a plan may be prepared by or at the direction of the planning commission or by any other person or body.
If any person or body other than a municipal planning commission prepares an amendment to a plan, that person or body shall submit the amendment in writing and all supporting documents to the municipal planning commission. The planning commission may then proceed as if the amendment had been prepared by the commission. However, if the proposed amendment is supported by a petition signed by not less than five percent of the voters of the municipality, the planning commission shall correct any technical deficiency and shall, without otherwise changing the amendment, promptly proceed in accordance with subsections (c) through (f) of this section as if it had been prepared by the commission.
When considering an amendment to a plan, the planning commission shall prepare a written report on the proposal. The report shall address the extent to which the plan, as amended, is consistent with the goals established in section 4302 of this title. If the proposal would alter the designation of any land area, the report should cover the following points:
1. The probable impact on the surrounding area, including the effect of any resulting increase in traffic, and the probable impact on the overall pattern of land use.
2. The long-term cost or benefit to the municipality, based upon consideration of the probable impact on:
  1. the municipal tax base; and
  2. the need for public facilities.
3. The amount of vacant land which is:
  1. already subject to the proposed new designation; and
  2. actually available for that purpose, and the need for additional land for that purpose.
4. The suitability of the area in question for the proposed purpose, after consideration of:
  1. appropriate alternative locations;
  2. alternative uses for the area under consideration; and
  3. the probable impact of the proposed change on other areas similarly designated.
5. The appropriateness of the size and boundaries of the area proposed for change, with respect to the area required for the proposed use, land capability, and existing development in the area.
The planning commission shall hold at least one public hearing within the municipality after public notice on any proposed plan or amendment.
At least 30 days prior to the first hearing, a copy of the proposed plan or amendment and the written report shall be delivered physically or electronically with proof of receipt, or mailed by certified mail, return receipt requested, to each of the following:
1. the chair of the planning commission of each abutting municipality, or in the absence of any planning commission in an abutting municipality, to the clerk of that municipality;
2. the executive director of the regional planning commission of the area in which the municipality is located;
3. the Department of Housing and Community Development within the Agency of Commerce and Community Development; and
4. business, conservation, low-income advocacy, and other community or interest groups or organizations that have requested notice in writing prior to the date the hearing is warned.
  Any of the foregoing bodies, or their representatives, may thereafter submit comments on the proposed plan or amendment to the planning commission, and may appear and be heard in any further proceeding with respect to the adoption of the proposed plan or amendment. The planning commission shall demonstrate that it has solicited comment from planning commissions of abutting municipalities and from the regional planning commission with respect to the compatibility of their respective plans with its own plan.
The planning commission may make revisions to the proposed plan or amendment and to any written report, and shall thereafter submit the proposed plan or amendment and any written report to the legislative body of the municipality. However, if requested by the legislative body, or if a proposed amendment was supported by a petition signed by not less than five percent of the voters of the municipality, the planning commission shall promptly submit the amendment, with changes only to correct technical deficiencies, to the legislative body of the municipality, together with any recommendation or opinion it considers appropriate. Simultaneously with the submission, the planning commission shall file with the clerk of the municipality a copy of the proposed plan or amendment, and any written report, for public review.
Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1971, No. 257 (Adj. Sess.), § 8, eff. April 11, 1972; 1981, No. 132 (Adj. Sess.), § 9; 1987, No. 200 (Adj. Sess.), § 11, eff. July 1, 1989; 1989, No. 280 (Adj. Sess.), § 8; 1995, No. 190 (Adj. Sess.), § 1(a); 2017, No. 197 (Adj. Sess.), § 14.

History

Amendments--2017 (Adj. Sess.). Subsec. (e): Inserted "physically or electronically" following "delivered".

Subdiv. (e)(1): Substituted "chair" for "chairperson" preceding "of the planning commission".

Subdiv. (e)(3): Substituted "Department of Housing and Community Development" for "Department of Housing and Community Affairs".

Subdiv. (e)(4): Substituted "low-income" for "low income" preceding "advocacy".

Amendments--1995 (Adj. Sess.) Subdiv. (e)(3): Substituted "agency of commerce and community development" for "agency of development and community affairs".

Amendments--1989 (Adj. Sess.). Subsec. (e): Added the second sentence in the second paragraph.

Amendments--1987 (Adj. Sess.). Subsec. (a): Added the third sentence.

Subsec. (c): Rewrote the introductory paragraph.

Subsec. (e): Substituted "30" for "fifteen" preceding "days prior" and "the" for "any" preceding "written report" in the introductory paragraph, substituted "chairperson" for "chairman" at the beginning of subdiv. (1), deleted "and" following "located" in subdiv. (2), added "and" at the end of subdiv. (3), added subdiv. (4), and inserted "thereafter" preceding "submit", substituted "or" following "commission" and inserted "further" preceding "proceeding" in the second paragraph.

Amendments--1981 (Adj. Sess.). Section amended generally.

Amendments--1971 (Adj. Sess.). Subsec. (b): Amended generally.

Subsec. (c): Added.

ANNOTATIONS

1. Amendments to plan.

§ 4385. Adoption and amendment of plans; hearing by legislative body.

Not less than 30 nor more than 120 days after a proposed plan or amendment is submitted to the legislative body of a municipality under section 4384 of this title, the legislative body of a municipality with a population of 2,500 persons or less shall hold the first of one or more public hearings, after public notice, on the proposed plan or amendment, and shall make copies of the proposal and any written report by the planning commission available to the public on request. A municipality with a population of more than 2,500 persons shall hold two or more such hearings. Failure to hold a hearing within the 120 days shall not invalidate the adoption of the plan or amendment.
The legislative body may change the proposed plan or amendment, but shall not do so less than 15 days prior to the final public hearing. If the legislative body at any time makes substantial changes in the concept, meaning, or extent of the proposed plan or amendment, it shall warn a new public hearing or hearings under subsection (a) of this section.
If any part of the proposal is changed, the legislative body, at least 15 days prior to the hearing shall file a copy of the changed proposal with the clerk of the municipality, with any individual or organization requesting a copy in writing, and with the planning commission. The planning commission shall submit to the legislative body at or prior to the public hearing a report that analyzes the extent to which the changed proposal, when taken together with the rest of the plan, is consistent with the legislative goals established in section 4302 of this title.
A plan of a municipality or an amendment thereof shall be adopted by a majority of the members of its legislative body at a meeting which is held after the final public hearing. If, however, at a regular or special meeting of the voters duly warned and held as provided in 17 V.S.A. chapter 55, a municipality elects to adopt or amend municipal plans by Australian ballot, that procedure shall then apply unless rescinded by the voters at a regular or special meeting similarly warned and held. If the proposed plan or amendment is not adopted so as to take effect within one year after the date of the final hearing of the planning commission, it shall be considered rejected by the municipality. Plans and amendments shall be effective upon adoption. Copies of newly adopted plans and amendments shall be provided to the regional planning commission and to the Commissioner of Housing and Community Development within 30 days after adoption, which may be done electronically, provided the sender has proof of receipt. If a municipality wishes its plan or plan amendment to be eligible for approval under the provisions of section 4350 of this title, it shall request approval. The request for approval may be before or after adoption of the plan by the municipality, at the option of the municipality.
Plans may be reviewed from time to time and may be amended in the light of new developments and changed conditions affecting the municipality. An amendment to a plan does not affect or extend the plan's expiration date.
Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1981, No. 132 (Adj. Sess.), § 10; 1987, No. 200 (Adj. Sess.), §§ 12, 13, eff. July 1, 1989; 1989, No. 280 (Adj. Sess.), § 9; 2015, No. 90 (Adj. Sess.), § 2; 2017, No. 197 (Adj. Sess.), § 15.

History

Amendments--2017 (Adj. Sess.). Subsec. (c): Amended generally.

Amendments--2015 (Adj. Sess.). Subsec. (d): Added the second sentence.

Amendments--1989 (Adj. Sess.). Subsec. (c): Deleted "and after obtaining the decision of the regional planning commission approving or disapproving the proposal pursuant to section 4350 of this title" at the end of the first sentence, substituted "rejected by the municipality" for "disapproved" following "considered" in the third sentence, and rewrote the fourth through sixth sentences.

Amendments--1987 (Adj. Sess.). Subsec. (a): Inserted "of a municipality with a population of 2500 persons, or less" preceding "shall hold the first" in the first sentence and added the second sentence.

Subsec. (b): In the second paragraph, inserted "with any individual or organization requesting a copy in writing" following "municipality" in the first sentence and rewrote the second sentence.

Subsec. (c): Section amended generally.

Amendments--1981 (Adj. Sess.). Section amended generally.

Cross References

Cross references. Readoption of plans, see § 4387 of this title.

Review of planning process by Commissioner of Housing and Community Affairs, see § 4351 of this title.

Review of regional planning commission decisions, see § 4476 of this title.

§ 4386. Repealed. 1971, No. 257 (Adj. Sess.), § 24, eff. April 11, 1972.

History

Former § 4386 relative to transmission of proposed plans and amendments was derived from 1967, No. 334 (Adj. Sess.), § 1 and is now covered by § 4384 of this title.

§ 4387. Readoption of plans.

All plans, including all prior amendments, shall expire every eight years unless they are readopted according to the procedures in section 4385 of this title.
1. A municipality may readopt any plan that has expired or is about to expire. Prior to any readoption, the planning commission shall review and update the information on which the plan is based, and shall consider this information in evaluating the continuing applicability of the plan. In its review, the planning commission shall: (b) (1) A municipality may readopt any plan that has expired or is about to expire. Prior to any readoption, the planning commission shall review and update the information on which the plan is based, and shall consider this information in evaluating the continuing applicability of the plan. In its review, the planning commission shall:
  1. consider the recommendations of the regional planning commission provided pursuant to subdivision 4350(c)(2) of this title;
  2. engage in community outreach and involvement in updating the plan;
  3. consider consistency with the goals established in section 4302 of this title;
  4. address the required plan elements under section 4382 of this title;
  5. evaluate the plan for internal consistency among plan elements, goals, objectives, and community standards;
  6. address compatibility with the regional plan and the approved plans of adjoining municipalities; and
  7. establish a program and schedule for implementing the plan.
2. The readopted plan shall remain in effect for the ensuing eight years unless earlier readopted.
Upon the expiration of a plan, all bylaws and capital budgets and programs then in effect shall remain in effect, but shall not be amended until a plan is in effect.
The fact that a plan has not been approved shall not make it inapplicable, except as specifically provided by this chapter. Bylaws, capital budgets, and programs shall remain in effect, even if the plan has not been approved.
Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1975, No. 164 (Adj. Sess.), § 4; 1981, No. 132 (Adj. Sess.), § 11; 1987, No. 200 (Adj. Sess.), § 14, eff. July 1, 1989; 1989, No. 280 (Adj. Sess.), § 10; 2015, No. 90 (Adj. Sess.), § 3.

History

Amendments--2015 (Adj. Sess.). Subsecs. (a) and (b) amended generally.

Amendments--1989 (Adj. Sess.). Subsec. (a): Deleted "after being approved or disapproved by the regional planning commission pursuant to section 4350 of this title" at the end of the subsec.

Subsec. (b): Deleted "after obtaining approval or disapproval from the regional planning commission pursuant to section 4350 of this title" following "readopt" in the first sentence.

Subsec. (d): Substituted "not been approved" for "been disapproved" preceding "shall not" in the first sentence and "even if the plan has not been approved" for "despite disapproval" following "effect" in the second sentence.

Amendments--1987 (Adj. Sess.). Subsec. (a): Amended generally.

Subsec. (b): In the first sentence, inserted "after obtaining approval or disapproval from the regional planning commission pursuant to section 4350 of this title" following "readopt".

Subsec. (d): Added.

Amendments--1981 (Adj. Sess.). Section amended generally.

Amendments--1975 (Adj. Sess.). In the fourth sentence, inserted "and capital budgets and programs" following "all bylaws".

Effective date and applicability of 2015 (Adj. Sess.) amendments. 2015, No. 90 (Adj. Sess.), § 4, effective July 1, 2016, provides: "This act shall take effect on July 1, 2016. The eight-year expiration date for municipal plans applies to plans adopted or readopted on or after July 1, 2015. Plans adopted or readopted before July 1, 2015 shall expire in accordance with section 4387 of this title as it existed on the date of adoption or readoption."

ANNOTATIONS

1. Limitations period.

Because of its purpose and effect, the statutory provision stating that "upon the expiration of a plan, all bylaws and capital budgets and programs then in effect shall remain in effect, but shall not be amended until a plan is in effect" embodies a substantive - not procedural - requirement, and the statute of limitations for challenging purported procedural defects therefore does not apply to challenges premised on the provision. Therefore, a town was not time-barred from challenging the validity of an ordinance under the provision. In re Paynter 2-Lot Subdivision, 187 Vt. 637, 996 A.2d 219 (mem.) (2010).

Subchapter 6. Implementation of Plan

History

Amendments--2003 (Adj. Sess.). 2003, No. 115 (Adj. Sess.), § 90, substituted "implementation of plan" for "bylaws" in the subchapter heading.

Application. 2003, No. 115 (Adj. Sess.), § 119(a), as amended by 2003, No. 122 (Adj. Sess.), § 296, provided: "Secs. 82 through 109 of this act pertaining to local planning and bylaws shall take effect July 1, 2004, except as provided in 24 V.S.A. § 4481."

24 V.S.A. § 4481 provides: "The amendment of this chapter [chapter 24] and the repeal of prior enabling laws relating to zoning ordinances, subdivision regulations, or bylaws or any ordinance or regulation similar to a bylaw authorized by this chapter shall not invalidate any zoning ordinance, subdivision regulation, or bylaw or any such ordinance or regulation enacted under those prior enabling laws, except as follows. Effective September 1, 2005, the provisions of sections 4412 and 4413 of this title, and the provisions of subchapters 9, 10, and 11 of this chapter and the related definitions in section 4302 of this title, shall control over any inconsistent municipal regulations, ordinances or bylaws. With respect to other provisions of this chapter, any previously enacted zoning ordinance, subdivision regulation, bylaw, or such similar ordinance or regulation shall be amended to conform with the provisions of this chapter by September 1, 2011."

§ 4401. Purpose and authority.

Any municipality that has adopted and has in effect a plan and has created a planning commission under this chapter may implement the plan by adopting, amending, and enforcing any or all of the regulatory and nonregulatory tools provided for in this chapter. All such regulatory and nonregulatory tools shall be in conformance with the plan, shall be adopted for the purposes set forth in section 4302 of this title, and shall be in accord with the policies set forth therein.

Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1969, No. 116 , § 5; 1971, No. 257 (Adj. Sess.), §§ 9, 10, eff. April 11, 1972; 1973, No. 261 (Adj. Sess.), § 4, eff. July 1, 1974; 1975, No. 164 (Adj. Sess.), § 5; 1983, No. 249 (Adj. Sess.), § 4; 1993, No. 232 (Adj. Sess.), § 1, eff. March 15, 1995.; 2003, No. 115 (Adj. Sess.), § 91.

History

Amendments--2003 (Adj. Sess.). Section amended generally.

Amendments--1993 (Adj. Sess.). Subsec. (a): Designated the existing provisions of the subsec. as subdiv. (1) and added subdiv. (2).

Subdiv. (b)(2): Inserted "or its development review board" following "commission" in the first sentence and inserted "or a development review board" preceding "under this" and substituted "subdivision (b)(2)" for "subsection" thereafter.

Subsec. (d): Added.

Amendments--1983 (Adj. Sess.). Subdiv. (b)(4): Added.

Subdiv. (b)(5): Added.

Amendments--1975 (Adj. Sess.). Subsec. (a): Added references to capital budget and program.

Subdiv. (b)(4): Deleted.

Subsec. (c): Added.

Amendments--1973 (Adj. Sess.). Subsec. (a): Deleted last sentence.

Amendments--1971 (Adj. Sess.). Subsec. (a): Added last sentence.

Subdiv. (b)(2): Deleted the second and third sentences.

Subdiv. (b)(3): Added reference to existing and proposed rights-of-way; and location of proposed parks, schools, and other public facilities.

Amendments--1969. Subsec. (b)(3): Rephrased and deleted "Within the jurisdiction of such municipality".

ANNOTATIONS

Analysis

1. Source of authority.
2. Scope of authority.
3. Vested rights.
4. Municipal plan.
5. Validity of regulations.
6. Incorporation by reference.
7. Land development.
8. Buildings.
9. Driveways.
10. Aesthetics.
11. Junk motor vehicles.
12. Retail sales.
13. Sewer allocation policy.

1. Source of authority.

Power of municipality to accomplish zoning exists by virtue of authority delegated from State. Thompson v. Smith, 119 Vt. 488, 129 A.2d 638 (1956), (Decided under prior law.)

2. Scope of authority.

Enumeration of powers granted to municipalities with respect to zoning regulation does not rely on identity of the owner, but on the use of property. In re Sardi, 170 Vt. 623, 751 A.2d 772 (mem.) (2000).

Construction of zoning ordinance as permitting regulation of property based on identity of owner rather than use of land is inconsistent with Legislature's grant of authority to adopt zoning regulations. Vermont Baptist Convention v. Burlington Zoning Board, 159 Vt. 28, 613 A.2d 710 (1992).

Municipality has zoning authority only in accordance with and subject to terms and conditions imposed by the State in making the power grant. National Advertising Co. v. Cooley, 126 Vt. 263, 227 A.2d 406 (1967), (Decided under prior law.)

3. Vested rights.

Developer did not have a vested right to develop its subdivided lots under version of zoning ordinance in effect when its subdivision permit was issued; rather, developer was subject to provisions of interim zoning amendment in effect when it applied for zoning permit eleven years later. In re Taft Corners Associates, Inc., 171 Vt. 135, 758 A.2d 804 (2000).

A landowner acquires no vested rights to develop prior to the enactment of a zoning ordinance other than those expressly granted by statutes. In re McCormick Management Co., 149 Vt. 585, 547 A.2d 1319 (1988).

4. Municipal plan.

Zoning regulations must reflect the town plan, but need not be controlled by it, and though the plan may recommend many desirable approaches to development, only those provisions incorporated in the bylaws are legally enforceable. Kalakowski v. John A. Russell Corporation, 137 Vt. 219, 401 A.2d 906 (1979).

5. Validity of regulations.

Ordinance provision requiring subdivision approval for construction of a road serving more than two lots was valid because the use of undeveloped land to site the new road is clearly "land development" as defined by statute, the issue of siting of a road is a traditional central concern of subdivision regulation, and the ordinance allows subdivision jurisdiction only if the newly constructed or extended road serves more than two lots. In re Shantee Point, Inc., 174 Vt. 248, 811 A.2d 1243 (2002).

Zoning distinction based upon identity of owner rather than public health, safety, morals, or general welfare would be invalid. Vermont Baptist Convention v. Burlington Zoning Board, 159 Vt. 28, 613 A.2d 710 (1992).

The delegation of power by the Legislature to municipalities to enact zoning regulations is conditioned upon substantial compliance with procedural requirements imposed by the enabling act. Town of Charlotte v. Richter, 128 Vt. 270, 262 A.2d 444 (1970).

Municipal zoning ordinances are presumed valid. Town of Charlotte v. Richter, 128 Vt. 270, 262 A.2d 444 (1970).

6. Incorporation by reference.

There is no statutory prohibition of incorporation by reference in Vermont; neither this section, authorizing adoption of bylaws, nor section 4403 of this title, which provides for filing "a copy of the proposed by-law, amendment or repeal for public review," prohibits such incorporation, nor do the sections require all of the provisions of the bylaw to be contained within the four corners of the document, although that would be the better practice. McLaughry v. Town of Norwich, 140 Vt. 49, 433 A.2d 319 (1981).

7. Land development.

Act of subdividing land is a form of "land development" and brings the landowner under the authority of the zoning ordinance, whose purpose is to regulate and determine land development. Drumheller v. Shelburne Zoning Board of Adjustment, 155 Vt. 524, 586 A.2d 1150 (1990).

8. Buildings.

Given town's right under this section to control the density of population and intensity of land use, adoption of proposal to control growth rate by limiting the issuance of building permits would be valid in principle and could only be challenged on constitutional grounds, and the limitation would be constitutional if there was a showing of a substantial relationship between the limitation and the public health, welfare, and safety. 1972-74 Op. Atty. Gen. 57.

Regulation of height of buildings, construction of buildings, and location and use of some kinds of businesses are valid exercises of police power. 1930-32 Op. Atty. Gen. 277, (Decided under prior law.)

9. Driveways.

Regulations of driveways and where they enter into roads are proper subjects for zoning ordinances. 1962-64 Op. Atty. Gen. 421, (Decided under prior law.)

10. Aesthetics.

11. Junk motor vehicles.

Zoning ordinance prohibiting the storage of junk cars on property if unscreened from view was adequately supported by town plan whose stated goals were to "limit development, maintain open space, and achieve the best possible quality of environment" and which strongly encouraged the "conservation and proper management of open land." Town of Sandgate v. Colehamer, 156 Vt. 77, 589 A.2d 1205 (1990).

12. Retail sales.

Where court construed zoning regulation allowing retail stores, stands, sales, and sales rooms in residential and commercial district so as to disallow wholesale facility, the construction was not inconsistent with zoning plan's objective of inducing retail, wholesale, and service facilities. Kalakowski v. John A. Russell Corporation, 137 Vt. 219, 401 A.2d 906 (1979).

13. Sewer allocation policy.

Town may adopt sewer allocation policy as one mechanism for controlling growth and population density within town, under town's zoning authority. Bryant v. Town of Essex, 152 Vt. 29, 564 A.2d 1052 (1989).

To extent that sewer allocation policy controls land use alone, it must be reflected in duly adopted town plan and zoning or subdivision regulations to survive challenge that it is impermissible attempt at zoning, lacking procedural controls inherent in zoning law. Bryant v. Town of Essex, 152 Vt. 29, 564 A.2d 1052 (1989).

Cited. Smith v. Town of St. Johnsbury, 150 Vt. 351, 554 A.2d 233 (1988); In re Molgano, 163 Vt. 25, 653 A.2d 772 (1994).

Law review commentaries

Law review. Zoning variance administration in Vermont, see 8 Vt. L. Rev. 371 (1983).

§ 4402. Bylaws and regulatory implementation tools authorized.

A municipality may adopt regulatory tools, including the following specific regulatory tools which are more fully described in subchapter 7 of this chapter:

Zoning bylaws.
Site plan bylaws.
Subdivision bylaws.
Unified development bylaws.
Official map.
Impact fees.
Phasing.
Transfer of development rights.
Special or freestanding bylaws.
Added 2003, No. 115 (Adj. Sess.), § 92.

History

Former § 4402. Former § 4402 was derived from 1967, No. 334 (Adj. Sess.), § 1 and repealed by 2003, No. 115 (Adj. Sess.) § 119(d).

§ 4403. Nonregulatory implementation tools.

A municipality may utilize the following tools, and other tools not specifically listed, in conformance with the municipal plan and for the purposes established in section 4302 of this title, alone or in conjunction with regulatory tools described in section 4402 of this title.

Capital budget and program. A municipality may adopt a capital budget and five-year program, pursuant to section 4430 of this title.
Tax increment financing. Pursuant to chapter 53 of this title, a municipality may create within its jurisdiction one or more tax increment financing districts.
Tax stabilization contracts. Pursuant to 32 V.S.A. §§ 4969 and 4985, a municipality may enter into tax stabilization contracts.
Purchase or acceptance of development rights. A municipality may purchase or accept development rights as a method to implement its plan, pursuant to 10 V.S.A. chapter 155.
Plans supporting the municipal plan. A municipality may develop supporting plans and may incorporate these plans into the municipal plan pursuant to the process described in section 4385 of this title.
Advisory commissions. For the purposes of this chapter, the term "advisory commissions" includes advisory committees. A municipality may form commissions that are composed of persons with particular expertise or interest to assist with implementation of the plan in areas such as design review, historic preservation, housing, and conservation.
Added 2003, No. 115 (Adj. Sess.), § 93.

History

Former § 4403. Former § 4403 was derived from 1967, No. 334 (Adj. Sess.), § 1; amended by 1973, No. 108 ; 1981, No. 132 (Adj. Sess.), § 12; and 1995, No. 190 (Adj. Sess.), § 1(a); and repealed by 2003, No. 115 (Adj. Sess.), § 119(d).

Annotations From Former § 4403

1. Incorporation by reference.

There is no statutory prohibition of incorporation by reference in Vermont; neither section 4401 of this title, authorizing adoption of bylaws, nor this section, which provides for filing "a copy of the proposed by-law, amendment or repeal for public review," prohibits such incorporation, nor do the sections require all of the provisions of the bylaw to be contained within the four corners of the document, although that would be the better practice. McLaughry v. Town of Norwich, 140 Vt. 49, 433 A.2d 319 (1981).

2. Policy.

3. Invalid ordinances.

If selectmen approved amendment to zoning ordinance to allow veterinary clinics in commercial district without attaching to it proposal from planning commission, and with no action on it from that body, amendment would be invalid. In re Cottrell, 158 Vt. 500, 614 A.2d 381 (1992).

Cited. Smith v. Town of St. Johnsbury, 150 Vt. 351, 554 A.2d 233 (1988); Bryant v. Town of Essex, 152 Vt. 29, 564 A.2d 1052 (1989).

§ 4404. State designation; implementation of municipal plan.

A municipality, to implement its municipal plan, may apply for State designation of an existing or planned municipal growth center, downtown, village center, new town center, or neighborhood development area as necessary for eligibility to receive associated benefits pursuant to chapter 76A of this title.

Added 2013, No. 146 (Adj. Sess.), § 8, eff. May 27, 2014.

History

Former § 4404. Former § 4404, relating to adoption, amendment, or repeal of bylaws, was derived from 1967, No. 334 (Adj. Sess.), § 1; amended by 1969, No. 288 (Adj. Sess.); 1971, No. 257 (Adj. Sess.), §§ 11, 22, 24; 1973, No. 188 (Adj. Sess.), § 2; 1975, No. 164 (Adj. Sess.), § 6; 1981, No. 132 (Adj. Sess.), § 13; 1987, No. 161 (Adj. Sess.), § 2 and 2001, No. 111 (Adj. Sess.), § 1; and repealed by 2003, No. 115 (Adj. Sess.), § 119(c).

§§ 4404a-4409. Repealed. 2003, No. 115 (Adj. Sess.), § 119.

History

Former §§ 4404a-4409. Former § 4404a, relating to adoption, amendment, or repeal of capital budget and program, was derived from 1975, No. 164 (Adj. Sess.), § 11 and amended by 1993, No. 232 (Adj. Sess.), § 46.

Former § 4405, relating to zoning and zoning districts, was derived from 1967, No. 334 (Adj. Sess.), § 1.

Former § 4406, relating to required relations, was derived from 1967, No. 334 (Adj. Sess.), § 1 and amended by 1969, No. 116 , § 6; 1975, No. 236 (Adj. Sess.), § 1; 1991, No. 130 (Adj. Sess.), § 3 and 1997, No. 125 (Adj. Sess.), § 6.

Former § 4407, relating to permitted types of regulations, was derived from 1967, No. 334 (Adj. Sess.), § 1 and amended by 1969, No. 116 , § 7; 1971, No. 257 (Adj. Sess.), §§ 21, 22; 1975, No. 236 (Adj. Sess.), § 4; 1977, No. 268 (Adj. Sess.), § 1; 1979, No. 174 (Adj. Sess.), §§ 10-12; 1981, No. 132 (Adj. Sess.), § 14; 1983, No. 98 (Adj. Sess.); 1985, No. 243 (Adj. Sess.), §§ 4-6; 1993, No. 232 (Adj. Sess.), § 2; 1995, No. 122 (Adj. Sess.), § 3; No. 190 (Adj. Sess.), § 1(a); 1997, No. 94 (Adj. Sess.), § 4; 1999, No. 114 (Adj. Sess.), § 4; No. 161 (Adj. Sess.), § 8.

Former § 4408, relating to nonconforming uses and structures, was derived from 1967, No. 334 (Adj. Sess.), § 1 and amended by 1979, No. 174 (Adj. Sess.), § 18 and 1999, No. 161 (Adj. Sess.), § 4.

Former § 4409, relating to limitations, was derived from 1967, No. 334 (Adj. Sess.), § 1 and amended by 1969, No. 116 , § 8; 1971, No. 257 , (Adj. Sess.), § 12; 1977, No. 140 (Adj. Sess.), § 2; 1979, No. 174 (Adj. Sess.), § 13; 1983, No. 158 (Adj. Sess.); 1985, No. 143 (Adj. Sess.); No. 151 (Adj. Sess.), § 17; No. 188 (Adj. Sess.), § 12; 1987, No. 76 , § 18; No. 110; 1989, No. 281 (Adj. Sess.), § 7; No. 282 (Adj. Sess.), § 15; 1995, No. 60 , § 28a; 1999, No. 37 , § 1 and 1999, No. 98 (Adj. Sess.), § 1.

Annotations From Former § 4404.

1. Constitutionality.

The fact that this section provides for different voting requirements between urban and rural areas does not violate the Equal Protection Clause; since the Legislature could find that higher populations introduce new and different zoning and planning problems that warrant differences in the governmental response, the distinction is not arbitrary. Smith v. Town of St. Johnsbury, 150 Vt. 351, 554 A.2d 233 (1988).

2. Notice and hearing .

Ordinarily, if a zoning ordinance or amendment as finally adopted contains alterations substantially different (amounting to a new proposal) from those originally advertised and heard, there must be additional notice and opportunity for additional hearing; however, no further notice or hearing is required after a properly advertised and properly conducted public hearing when the alteration of the initial proposal is insubstantial. Kalakowski v. Town of Clarendon, 139 Vt. 519, 431 A.2d 478 (1981).

Proposed amendments of zoning bylaws, which were substantially modified after the initial public hearing thereon and which were subsequently approved by vote of the electors at a special town meeting, were invalid for lack of the statutorily required public hearing on changes in zoning bylaws. Kalakowski v. Town of Clarendon, 139 Vt. 519, 431 A.2d 478 (1981).

*3. Town meeting.

A special town meeting does not satisfy the statutory requirement for a public hearing upon proposed changes in zoning bylaws, since the purpose of the hearing upon changes in zoning bylaws is to inform the selectmen of public sentiment so that they may alter and shape the proposals to conform to the public interest, while a special town meeting is directed towards allowing a time for citizens to debate all town business before a vote is taken, thus assuring an informed vote. Kalakowski v. Town of Clarendon, 139 Vt. 519, 431 A.2d 478 (1981).

The first day of an annual or special town meeting cannot serve as a statutorily required public hearing upon proposed changes in zoning bylaws for votes taken the next day, for not only is there insufficient time for the selectmen to restructure proposals, but a meeting adjourned one day until the next is generally considered to be one meeting. Kalakowski v. Town of Clarendon, 139 Vt. 519, 431 A.2d 478 (1981).

Warning for special town meeting to discuss proposed amendments to zoning bylaws which were identical to or substantially similar to changes approved by vote of the electors at an earlier town meeting, the results of which were subsequently declared invalid because of procedural irregularities in a judicial proceeding, was not violative of the statutory notice requirements because it did not instead call for reconsideration or rescission of the vote at the earlier meeting, since the earlier vote, because not taken in accordance with the prescribed statutory procedures, was void ab initio and, therefore, there was nothing to re-evaluate. Kalakowski v. Town of Clarendon, 139 Vt. 519, 431 A.2d 478 (1981).

4. Submission to voters.

A bylaw amendment may be submitted to the voters pursuant to subsection (f) of this section after it has been rejected by the selectmen. Smith v. Town of St. Johnsbury, 150 Vt. 351, 554 A.2d 233 (1988).

A bylaw amendment that has been subjected to a super-majority vote of the selectmen pursuant to subsection (e) of this section may be submitted to the voters pursuant to subsection (f). Smith v. Town of St. Johnsbury, 150 Vt. 351, 554 A.2d 233 (1988).

Cited. Bryant v. Town of Essex, 152 Vt. 29, 564 A.2d 1052 (1989); In re Cottrell, 158 Vt. 500, 614 A.2d 381 (1992).

Annotations From Former § 4405.

1. Purposes of zoning.

It is a fundamental theory of a zoning scheme that it shall be for the general good, to secure reasonable neighborhood uniformity, and exclude structures and occupations which clash therewith. DeWitt v. Town of Brattleboro Zoning Board of Adjustment, 128 Vt. 313, 262 A.2d 472 (1970).

2. Nature and basis of zoning power.

A municipality has zoning authority only in accordance with, and subject to, the terms and conditions imposed by the State when granting the power to zone. Flanders Lumber & Building Supply Co. v. Town of Milton, 128 Vt. 38, 258 A.2d 804 (1969).

3. Prerequisites to regulation.

To effectively adopt area and subdivision ordinances, a municipality must comply with all the provisions of this chapter. Flanders Lumber & Building Supply Co. v. Town of Milton, 128 Vt. 38, 258 A.2d 804 (1969).

4. Construction of regulations.

In construing zoning ordinance, special provisions control over general provisions. City of Rutland v. Keiffer, 124 Vt. 357, 205 A.2d 400 (1964), (Decided under prior law.)

Where no definition is given, words of a zoning ordinance will be given their ordinary meaning and significance. City of Rutland v. Keiffer, 124 Vt. 357, 205 A.2d 400 (1964), (Decided under prior law.)

5. Discrimination.

There cannot be arbitrary discrimination in municipal zoning regulations. 1930-32 Op. Atty. Gen. 277, (Decided under prior law.)

6. Application of regulations to municipalities.

A municipality is not subject to zoning restrictions in the performance of its governmental, as distinguished from its corporate or proprietary, activities. Kedroff v. Town of Springfield, 127 Vt. 624, 256 A.2d 457 (1969).

7. Designation of plan map as zoning map.

Where zoning bylaw established zoning districts by incorporating by reference districts as described in previously adopted bylaw and map filed in land records of town and official copy of which was available at planning commission office, description of districts was sufficient to satisfy requirements of subsection (a) of this section, which allows town to designate town's plan map as zoning map except in cases where such districts are not deemed to be described in sufficient accuracy or detail by the plan map. McLaughry v. Town of Norwich, 140 Vt. 49, 433 A.2d 319 (1981).

8. Water pollution.

The State water pollution control statutes may be regarded as amending or repealing any local zoning ordinances in conflict with the operation of the statutes, because for the purpose of public duties, municipalities are merely convenient instrumentalities of the State. Kedroff v. Town of Springfield, 127 Vt. 624, 256 A.2d 457 (1969).

Construction of sewage disposal plant in town embraced State water pollution control policy and was, therefore, a governmental function and exempt from local zoning ordinance which, as applied to plant, must yield to the legislative policy and laws of the State. Kedroff v. Town of Springfield, 127 Vt. 624, 256 A.2d 457 (1969).

Annotations from Former § 4406.

1. Vested rights.

2. Existing small lots .

A city has broad discretion within the statutory language to determine how it will treat modifications of preexisting noncomplying structures, and the provision of the zoning ordinance governing development of noncomplying structures on preexisting small lots falls within that discretion. In re Appeal of Wesco, Inc., 180 Vt. 520, 904 A.2d 1145 (mem.) (June 12, 2006).

City failed in its argument that subdivision (1) of this section protects only permitted uses on undersized lots and not conditional uses on such lots. The term "permitted use" can be used to distinguish the use from a conditional use. The terms are distinguished generally by the regulatory requirements that must be met to obtain a zoning permit. Thus, once conditional use permit requirements are met, the use "complies with all applicable zoning regulations" and is indistinguishable from a permitted use. In re Appeal of Wesco, Inc., 180 Vt. 520, 904 A.2d 1145 (mem.) (June 12, 2006).

Where parcels of land were under unified ownership at the time of their conveyance, the enactment of a zoning regulation setting forth minimum lot size regulations at a later date prevented any subsequent landowner from taking advantage of the statutory small lot exception to treat one parcel separately from the other for purposes of development. In re Appeal of Richards, 174 Vt. 416, 819 A.2d 676 (2002).

Where the Legislature has spoken clearly about the circumstances under which existing small lots may be developed, no effect is given to a municipal ordinance that would allow such development under more expansive circumstances. In re Appeal of Richards, 174 Vt. 416, 819 A.2d 676 (2002).

Nothing in subdivision (1) of this section entitled applicant to her requested zoning variance for an existing small lot because she was required to comply with criteria for variance set forth in 24 V.S.A § 4468(a), and, in looking at all of her property, it could be shown that the property could be developed without a variance. Kashner v. Greensboro Zoning Board of Adjustment, 172 Vt. 544, 772 A.2d 133 (2000).

Intent of subdivision (1) of this section is to limit nonconforming uses to uses created prior to effective date of zoning. Wilcox v. Village of Manchester Zoning Board of Adjustment, 159 Vt. 193, 616 A.2d 1137 (1992).

The purpose of subdivision (1) of this section is to retain for usefulness pre-existing lots of satisfactory size, even though they do not quite meet zoning limits as to size. Lubinsky v. Fair Haven Zoning Board, 148 Vt. 47, 527 A.2d 227 (1987).

Subdivision (1) of this section is a sort of limited grandfather clause allowing for limited development on previously laid-out lots that is not seen as unduly disruptive of the desired ends of zoning. Lubinsky v. Fair Haven Zoning Board, 148 Vt. 47, 527 A.2d 227 (1987).

The function of subdivision (1) of this section is exhausted when it brings a "small lot" within a zone as a basic unit, and does not continue to operate to give such lots expanded privileges not available to standard lots in the zoning division. Lubinsky v. Fair Haven Zoning Board, 148 Vt. 47, 527 A.2d 227 (1987).

*3. Construction with other laws.

Landowner's claim for zoning variance on basis that lot is existing small lot under subdivision (1) of this section must prove criteria for variance set forth in section 4468(a) of this title. Blow v. Town of Berlin Zoning Administrator, 151 Vt. 333, 560 A.2d 378 (1989).

*4. Individual, separate, and noncontiguous ownership.

24 V.S.A. § 4406(1) and a zoning ordinance of the Town of Shoreham create an exception for substandard lots held in nonaffiliated ownership at the time the ordinance took effect, and a parcel's exempt status as a nonconforming use is not diminished, nor is merger automatically triggered, when and if the parcel is brought into common ownership with an adjoining parcel after the effective date of the ordinance, absent language in the ordinance to the contrary. In re Weeks, 167 Vt. 551, 712 A.2d 907 (1998).

Although contiguity is a strong indicator that two lots should not be deemed separate within meaning of subdivision (1) of this section, it is not the only factor. Wilcox v. Village of Manchester Zoning Board of Adjustment, 159 Vt. 193, 616 A.2d 1137 (1992).

Existence of right-of-way contiguous to and separating two parcels in common ownership will not automatically render those parcels separate lots for purposes of subdivision (1) of this section and conforming zoning bylaws. Wilcox v. Village of Manchester Zoning Board of Adjustment, 159 Vt. 193, 616 A.2d 1137 (1992).

Mere creation of lot with an odd shape does not necessarily mean that two lots are not adjoining as a matter of law. Wilcox v. Village of Manchester Zoning Board of Adjustment, 159 Vt. 193, 616 A.2d 1137 (1992).

Mere creation of separate nonconforming lot prior to effective date of zoning will not confer existing small lot protection where lot is contiguous to property in affiliated ownership and contiguous lots are functionally one property. Wilcox v. Village of Manchester Zoning Board of Adjustment, 159 Vt. 193, 616 A.2d 1137 (1992).

Right-of-way which, because of location and function, effectively separates parcels that it physically connects, so they cannot be used in ordinary manner as a single lot, may render those parcels separate for purposes of subdivision (1) of this section and conforming zoning bylaws. Wilcox v. Village of Manchester Zoning Board of Adjustment, 159 Vt. 193, 616 A.2d 1137 (1992).

Where plaintiff owned three contiguous parcels of property, one of which was subject to a right-of-way, trial court erred in ruling that, for purposes of subdivision (1) of this section and conforming zoning bylaw, there was no factual issue as to whether the parcels were separate; whether right-of-way effectively separated plaintiff's parcels was a question of fact for trial court. Wilcox v. Village of Manchester Zoning Board of Adjustment, 159 Vt. 193, 616 A.2d 1137 (1992).

Where undersized lot and surrounding land were owned by same party at time minimum lot requirements went into effect, fact that lot in question had separate recorded deed and plat and was taxed separately was not determinative of whether lot was merged into surrounding property. Drumheller v. Shelburne Zoning Board of Adjustment, 155 Vt. 524, 586 A.2d 1150 (1990).

Landowners violated minimum lot size requirements of zoning ordinance regulating land development by creating and selling undersized lot which did not fit criteria for applicability of statutory exception to lot size requirements which applied only to those undersized lots in existence when lot size requirements took effect; lot in question was not of "individual and separate and non-affiliated ownership," as it had merged with surrounding land owned by same party as of date present minimum lot size requirements went into effect. Drumheller v. Shelburne Zoning Board of Adjustment, 155 Vt. 524, 586 A.2d 1150 (1990).

Lots which were contiguous and under common ownership did not quality for variances under subdivision (1) of this section. In re Fecteau, 149 Vt. 319, 543 A.2d 693 (1988).

Where zoning ordinance and subdivision (1) of this section, providing exemption from minimum lot requirement for development of existing small lots, required that the small lot be "in individual and separate nonaffiliated ownership from the surrounding properties," plaintiff who owned lots contiguous to one he sought to develop which did not meet the minimum size requirement could not knowingly convey the adjacent lots one or two at a time and subsequently claim that the remaining lot was "individual and separate" for purposes of the ordinance or subdivision (1). LeBlanc v. City of Barre, 144 Vt. 369, 477 A.2d 970 (1984).

5. Minimum access requirements.

A municipality may not adopt a zoning ordinance unless it contains a provision setting minimum access requirements for all developments in all zones. Blundon v. Town of Stamford, 154 Vt. 227, 576 A.2d 437 (1990).

This section's minimum access requirements did not limit town's power to regulate access to development through conditional use requirements. Blundon v. Town of Stamford, 154 Vt. 227, 576 A.2d 437 (1990).

Trial court erred in holding that the grant of a conditional use permit to construct a camp on property located in a forest district was required, on the ground that property owner's proposal met the requirements of this section's minimum access requirements, where the proposal did not comply with town's zoning ordinance setting access requirements for conditional use permits in the forest district. Blundon v. Town of Stamford, 154 Vt. 227, 576 A.2d 437 (1990).

6. Mobile home parks.

The plain meaning of the last clause of 24 V.S.A. § 4406(4)(A) supported developer's construction: mobile homes may not be excluded except on the same terms and conditions as conventional housing and, therefore, municipalities may not single out mobile homes and require them to be placed in mobile home parks because there is no such condition on conventional housing. In re Lunde, 166 Vt. 167, 688 A.2d 1312 (1997).

Municipalities are not required to allow mobile homes in every zone; however, 24 V.S.A. § 4406(4)(A) requires mobile homes to be treated the same as conventional housing. In re Lunde, 166 Vt. 167, 688 A.2d 1312 (1997).

Where there was no reference to house trailer or mobile home parks in original zoning ordinance, and amendment specifically relates to house trailer and mobile home parks, it is clear that there was no intention in the original ordinance to regulate or control house trailer or mobile home parks. City of Rutland v. Kieffer, 124 Vt. 357, 205 A.2d 400 (1964), (Decided under prior law.)

Where original zoning ordinance did not regulate house trailer or mobile home parks and specified that renting of space for automobile trailers was a permissible use, original ordinance did not apply to individual units in trailer parks and defendant's trailer park was therefore in compliance with original ordinance if the park as a whole met set-back and side yard provisions of the ordinance. City of Rutland v. Kieffer, 124 Vt. 357, 205 A.2d 400 (1964).

7. Public road or highway.

Supreme Court of Vermont cannot consider a public highway to be a use incidental to the primary use on an abutting property. Nor can it be considered open space. In re Bailey, 178 Vt. 614 (mem.), 883 A.2d 765 (July 26, 2005).

Practical inability to develop land does not require its exclusion from a "lot"' within the meaning of the statute dealing with preexisting small lots; for example, land under a brook, although not easily developed, is included in the minimum lot size requirement for purposes of the statute. In contrast, land under a road is already developed and for a use incompatible with other uses by the owner, and the Supreme Court of Vermont cannot conclude that it should be included in the owner's lot for determining compliance with the statute. In re Bailey, 178 Vt. 614 (mem.), 883 A.2d 765 (July 26, 2005).

Area under a strip of land used as a highway could not be included in the lot size calculation; thus, the lot was not a preexisting undersized lot. In re Bailey, 178 Vt. 614 (mem.), 883 A.2d 765 (July 26, 2005).

There is no distinction between "public road" and "highway" as they are commonly understood and defined; the definition of highway provided by 19 V.S.A. § 1(12) is consistent with the plain meaning of "public road or highway," a road over which the public has a right to pass and which the government has the obligation to maintain. Okemo Mountain, Inc. v. Town of Ludlow ZBA, 164 Vt. 447, 671 A.2d 1263 (1995).

8. Home occupations.

Subdivision (3) of this section did not specifically define "dwelling" or expressly restrict all occupational activity to inside of a dwelling, and thus a home occupation was not required to be confined in all respects to interior of an enclosed structure and day care which provided outside play on rear porch was therefore properly entitled to be evaluated as a home occupation. In re Herrick, 170 Vt. 549, 742 A.2d 752 (mem.) (1999).

Trial court did not err in its calculation of portion of dwelling used for day care purposes. In re Herrick, 170 Vt. 549, 742 A.2d 752 (mem.) (1999).

Nothing in language of subdivision (3) of this section prohibited incidental use of an exterior portion of a residence in connection with a home occupation, and to extent zoning ordinance provided otherwise, it represented an unauthorized burden on home occupations inconsistent with statute, and was therefore invalid. In re Herrick, 170 Vt. 549, 742 A.2d 752 (mem.) (1999).

Cited. In re Carrier, 155 Vt. 152, 582 A.2d 110 (1990); In re Fairchild, 159 Vt. 125, 616 A.2d 228 (1992).

Annotations from Former § 4407.

1. Prerequisites to regulation.

2. Application of regulations to municipalities.

This section governed site-plan and conditional-use approval for new school addition and parking lot proposed by town school district, and Environmental Court's finding that proposed parking lot would adversely affect character of residential neighborhood was not clearly erroneous. In re Gaboriault, 167 Vt. 583, 704 A.2d 1163 (mem.) (1997).

3. Agricultural and rural residential districts.

Subdivision (1)(A) of this section, which allows the establishment of agricultural and rural residential districts by zoning ordinances, is permissive and no obstacle to a more liberal version of such a district. In re Zoning Permit of Patch, 140 Vt. 158, 437 A.2d 121 (1981).

Where zoning ordinance did not restrict agricultural and rural residential districts to all types of agricultural uses and residential lots of not less than twenty-five acres only, as provided in subdivision (1)(A) of this section, the ordinance did not go beyond the authority given in the enabling legislation, which is aimed at setting the restrictive limit on such a district and allows a more liberal version of the district. In re Zoning Permit of Patch, 140 Vt. 158, 437 A.2d 121 (1981).

4. Approval by operation of law.

Where under the Village of Woodstock zoning ordinance, failure by design review board and planning commission to issue a decision within time specified constitutes an automatic granting of the application, defendant's argument was rejected that his permit for approval to renovate a building in Village of Woodstock had been granted by operation of law since the design review board issued timely recommendations and the commission issued a timely decision pursuant to an agreement executed by the commission and defendant extending the commission's time limit. Village of Woodstock v. Bahramian, 160 Vt. 417, 631 A.2d 1129 (1993).

5. Conditional uses .

Section of zoning regulation requiring that, for the issuance of a conditional use approval for a home industry, "[n]o more than 3 employees . . . who are not full-time residents of the dwelling shall be employed in the business" was properly interpreted by the Environmental Court to mean that "no more than three employees who are not full-time residents of the dwelling shall be employed at the dwelling." In re Nott, 174 Vt. 552, 811 A.2d 210 (mem.) (2002).

Applicants did not need a conditional-use permit to use barn as residence, since residential use was a permitted use, not a conditional use, in a residential district, and thus Environmental Court erred in applying statute pertaining to permitting for conditional uses. In re Miserocchi, 170 Vt. 320, 749 A.2d 607 (2000).

Procedural requirements of subdivision (2) of this section as to conditional uses are too limited and brief to be self-contained; procedural requirements of sections 4461 to 4475 of this title also apply to conditional use cases. Nash v. Warren Zoning Board of Adjustment, 153 Vt. 108, 569 A.2d 447 (1989).

*6. Notice and hearing.

Notice and hearing requirements on application to a zoning board are mandatory and jurisdictional, and failure to adhere to these requirements renders action taken null and void. In re Torres, 154 Vt. 233, 575 A.2d 193 (1990).

Public notice requirement of conditional use statute may not be waived by a zoning board of adjustment or Superior Court. In re Torres, 154 Vt. 233, 575 A.2d 193 (1990).

Zoning board of adjustment does not have power to convert a hearing on a permitted use application into a hearing on a conditional use permit simply by allowing an amendment to the application, since such an amendment could never serve to provide public notice of the conditional use application as required by statute. In re Torres, 154 Vt. 233, 575 A.2d 193 (1990).

*7. Standards.

Zoning ordinance providing that the ZBA may approve uses in the commercial-residential district "other than those specifically permitted therein, subject to the procedures applicable to conditional use approval set forth in 24 V.S.A. § 4407(2)" was not inconsistent with the enabling statute. In re John A. Russell Corp., 176 Vt. 520, 838 A.2d 906 (2003).

By incorporating the general mandatory standards set forth in 24 V.S.A. § 4407(2), an ordinance fully complied with the minimum statutory requirements and enumerated adequate standards to guide the decision of the zoning board of adjustment and the court in evaluating a project's impact. In re John A. Russell Corp., 176 Vt. 520, 838 A.2d 906 (2003).

Environmental Court did not err in granting conditional use permit for renovations to existing structures on applicant's property where it determined that specific standards were met as required by the zoning ordinance. In re Dunnett, 172 Vt. 196, 776 A.2d 406 (2000).

Evidence was sufficient to support Environmental Court's finding that development of convenience store parking area would not adversely affect character of neighborhood, and court properly found that "area affected" by proposal was the surrounding residential neighborhood, not merely three neighboring residences. In re Miller, 170 Vt. 64, 742 A.2d 1219 (1999).

Municipality's conditional use ordinance which encompassed only some of the general statutory criteria was valid; all the mandated general standards would be read into the ordinance, and other provisions of the ordinance were valid as specific standards which it was within the town's discretion to set. In re White, 155 Vt. 612, 587 A.2d 928 (1990).

The plain meaning of the statute relevant to conditional uses is that, in order to do conditional use zoning, a town must use the enumerated general standards, and its use of such standards is the fulfillment of a purely administrative duty for which an ordinance is unnecessary; specific standards, however, are left to the town's discretion. In re White, 155 Vt. 612, 587 A.2d 928 (1990).

Reversal of trial court's denial of conditional use permit was not warranted on basis that municipal ordinance failed to encompass all general statutory criteria where denial of the conditional use was based on one of the general criteria which was embodied in the ordinance. In re White, 155 Vt. 612, 587 A.2d 928 (1990).

Town's statutory authority to adopt specific conditional use standards is broad. Blundon v. Town of Stamford, 154 Vt. 227, 576 A.2d 437 (1990).

Zoning ordinance establishing specific road and access standard for conditional uses in a forest district was authorized by this section. Blundon v. Town of Stamford, 154 Vt. 227, 576 A.2d 437 (1990).

*8. Authority of planning commission.

Provisions in zoning ordinance which provided for planning commission to make a determination whether a proposed use for which a conditional use permit was sought was of the same general character as those permitted and would not be detrimental to other uses within the district or to adjoining land uses did not make an unauthorized delegation of power to the planning commission in violation of subdivision (2) of this section since the ordinance very carefully retained in the board of adjustment the only authority to grant approval for issuance of conditional use permits. In re Zoning Permit of Patch, 140 Vt. 158, 437 A.2d 121 (1981).

*9. Approval by operation of law.

Provision of subdivision (2) of this section authorizing approval of conditional use permits by operation of law for failure to meet time standards is intended to remedy indecision and protracted deliberations and to eliminate deliberate or negligent inaction by public officials. In re Fish, 150 Vt. 462, 554 A.2d 256 (1988).

For purposes of provision of subdivision (2) of this section authorizing approval of conditional use permits by operation of law when the board of adjustment fails to act within sixty days after the date of the final public hearing on the permit, a public hearing occurs if it is open to the public, the applicant receives notice of the hearing, and the board offers an opportunity for interested persons to be heard on the issues before it. In re Fish, 150 Vt. 462, 554 A.2d 256 (1988).

*10. Public hearing .

For purposes of the statement in subdivision (2) of this section that "the development review board shall act to approve or disapprove any such requested use within 60 days after the date of the final public hearing held under this section, and failure to so act within such period shall be deemed approval," a "public hearing" occurs if (1) it is open to the public, (2) the applicant receives notice of the hearing, and (3) the board offers an opportunity for interested persons to be heard on the issues before it. In re McEwing Services, LLC, 177 Vt. 38, 857 A.2d 299 (June 18, 2004).

*11. Deemed approval.

A zoning board of adjustment (ZBA) considering a conditional use application normally will be determined to have acted within the statutory time period so long as the decision is finally made before the expiration of the 60-day period, regardless of when, or if, the decision is reduced to writing or made in writing. Accordingly, a permit was timely approved by a ZBA decision issued seventy-nine days after closure of the public hearing; it was not "deemed approved" under the statute. In re Griffin, 180 Vt. 589, 904 A.2d 1217 (mem.) (July 26, 2006).

Only public hearings, and not "deliberative sessions" accompanied by nonbinding representations about the status of the evidence, can prevent deemed approval in the absence of a timely decision from the board. In re McEwing Services, LLC, 177 Vt. 38, 857 A.2d 299 (June 18, 2004).

Because deemed approval occurs upon the failure of the board - not the applicant - to act within the 60-day period, deemed approval occurs by operation of law, and requires no action on the part of the applicant. In re McEwing Services, LLC, 177 Vt. 38, 857 A.2d 299 (June 18, 2004).

12. Performance standards.

In enacting zoning ordinances municipalities are authorized, but not required, to adopt performance standards. In re Miller, 170 Vt. 64, 742 A.2d 1219 (1999).

Subdivision (7) of this section authorizes municipalities to make performance standards indispensable conditions which must be met prior to the issuance of a zoning permit. Terino v. Town of Hartford Zoning Board of Adjustment, 148 Vt. 610, 538 A.2d 160 (1987).

Where an otherwise permitted use fails to meet performance standards established pursuant to subdivision (7) of this section, a reviewing tribunal may properly rescind the zoning permit. Terino v. Town of Hartford Zoning Board of Adjustment, 148 Vt. 610, 538 A.2d 160 (1987).

Subdivision (7) of this section permits municipalities to enact performance standards for the prevention of hazards originating both from the site and from the relationship of the particular neighborhood to the proposed use. Terino v. Town of Hartford Zoning Board of Adjustment, 148 Vt. 610, 538 A.2d 160 (1987).

Whenever performance standards must be met for a permitted use, the zoning board or court in a de novo proceeding must determine whether the particular use in the proposed location is compatible with the surrounding area. Terino v. Town of Hartford Zoning Board of Adjustment, 148 Vt. 610, 538 A.2d 160 (1987).

13. Billboards.

Billboard zoning ordinance of town was not invalid, on ground that is was discriminatory, because it was restricted to billboard structures. National Advertising Co. v. Cooley, 126 Vt. 263, 227 A.2d 406 (1967), (Decided under prior law.)

Municipality is not liable in negligence for permittee's expenditures in erecting billboards in reliance on a permit which has been improperly issued and was subsequently revoked. Maurice Callahan & Sons, Inc. v. Cooley, 126 Vt. 9, 220 A.2d 467 (1966), (Decided under prior laws.)

Municipality is not liable on principals of restitution for permittee's expenditures in erecting billboards in reliance on a permit which had been improperly issued and was subsequently revoked. Maurice Callahan & Sons, Inc. v. Cooley, 126 Vt. 9, 220 A.2d 467 (1966).

Municipalities under power given by this chapter have authority to regulate and restrict size and locations of billboards within their own boundaries. 1936-38 Op. Atty. Gen. 453, 1962-64 Op. Atty. Gen. 304, (Decided under prior law.)

14. Water pollution.

15. Review.

Court erred in considering the historic origins of building, character and authenticity of proposed alterations, and functional utility of defendant's proposed renovations to building design control district because Village of Woodstock Zoning Ordinance does not set out any such criteria. Village of Woodstock v. Bahramian, 160 Vt. 417, 631 A.2d 1129 (1993).

Where defendant appealed planning commissions' denial of four proposed alterations to building in design control district, and Village of Woodstock did not cross-appeal, court erred in concluding that entire application was before it on appeal, including alterations that were approved by commission; court's review was limited to the four items raised in notice of appeal. Village of Woodstock v. Bahramian, 160 Vt. 417, 631 A.2d 1129 (1993).

The trial court's use of a material-adverse-effect standard to review proposed conditional uses under subdivision (2) of this section facilitates a rational result consistent with legislative intent, as any conditional use will have some adverse effect, and the Legislature clearly intended to allow municipalities to grant conditional use permits. In re Walker, 156 Vt. 639, 588 A.2d 1059 (1991).

At proceedings pursuant to application for conditional use permit to operate gravel pit, the conclusion of the trial court that operation of the pit would not adversely affect traffic on roads and highways in the vicinity was inconsistent with its findings as to conditions of relevant roads and safe driving speeds of loaded gravel trucks, and therefore remand was required for consideration of conditions upon issuance of the permit that would take into account the trial court's findings. In re Meaker, 156 Vt. 182, 588 A.2d 1362 (1991).

Although a zoning applicant can appeal from an oral decision, that decision does not become final and the appeal period does not begin to run until either the board files its written decision nor the statutory period for doing so has expired. In re White, 155 Vt. 612, 587 A.2d 928 (1990).

At trial de novo on appeal from denial of conditional use permit by applicant seeking to construct a retail farm stand to be connected to an existing house, the trial court's conclusions that proposed stand was a commercial, not an accessory use, and that agriculture was a second principal use of the property which the lot could not adequately support were not clearly erroneous, arbitrary, or capricious and would stand. In re White, 155 Vt. 612, 587 A.2d 928 (1990).

Superior Court had jurisdiction over appeal from zoning board of adjustment's denial of conditional use permit, notwithstanding that appeal was prematurely filed upon rendering of oral decision not constituting a "final decision"; appeal would be treated as if it had been filed on day of entry of judgment, upon expiration of statutory period within which board was required to issue final written decision. In re White, 155 Vt. 612, 587 A.2d 928 (1990).

On appeal of zoning board of adjustment's decision to grant an application for a permitted "home occupation" in a rural agricultural zoning district, Superior Court did not have power to allow applicants to amend their application for a home occupation to one for a conditional use and grant the amended application; when the court determined that the board of adjustment permit was invalid, it had to remand the matter for full consideration by the board of any application for a conditional use permit. In re Torres, 154 Vt. 233, 575 A.2d 193 (1990).

16. Planned unit development.

Part of the purpose of a planned unit development is to merge zoning and subdivision requirements. In re Stowe Club Highlands, 164 Vt. 272, 668 A.2d 1271 (1995).

17. Site plan approval.

Site plan review, not conditional use review, is the proper process to address impacts on one specific residential property, and conditional use review should not be distorted to duplicate function of site plan review. In re Miller, 170 Vt. 64, 742 A.2d 1219 (1999).

Although site plan review does not require a fully realized written explanation of decision, some ministerial act that court can regard as a written decision must take place in order to trigger running of appeal period. George v. Timberlake Assocs., 169 Vt. 641, 739 A.2d 1207 (mem.) (1999).

Cited. Stevens v. Essex Junction Zoning Board of Adjustment, 139 Vt. 297, 428 A.2d 1100 (1981); Gadhue v. Marcotte, 141 Vt. 238, 446 A.2d 375 (1982); Fleury v. Town of Essex Zoning Board of Adjustment, 141 Vt. 411, 449 A.2d 958 (1982); In re Duncan, 155 Vt. 402, 584 A.2d 1140 (1990); In re Denio, 158 Vt. 230, 608 A.2d 1166 (1992); Leo's Motors, Inc. v. Town of Manchester, 158 Vt. 561, 613 A.2d 196 (1992); In re Kostenblatt, 161 Vt. 292, 640 A.2d 39 (1994); Wesco, Inc. v. City of Montpelier, 169 Vt. 520, 739 A.2d 1241 (1999); Timberlake Assocs. v. City of Winooski, 170 Vt. 643, 756 A.2d 774 (mem.) (2000); In re Gulli, 174 Vt. 580, 816 A.2d 485 (mem.) (2002).

Annotations From Former § 4408.

1. Constitutionality.

Reasonable zoning regulations that prevent the undue perpetration of preexisting, nonconforming uses are constitutionality valid. Hinsdale v. Village of Essex Junction, 153 Vt. 618, 572 A.2d 925 (1990).

2. Vested rights.

3. Definitions.

A nonconforming use is a use of land or a structure which does not comply with all zoning regulations, existed prior to those regulations, conformed to all laws, including zoning regulations, in existence just prior to the current zoning regulations, and is a substantial use. Town of Shelburne v. Kaelin, 136 Vt. 248, 388 A.2d 398 (1978).

4. Burden of proof.

Burden of proving elements of nonconforming use of land and the user's compliance with zoning regulations existing prior to adoption of new zoning regulations was on property owner asserting nonconforming use as affirmative defense to town's attempt to have the use enjoined. Town of Shelburne v. Kaelin, 138 Vt. 247, 415 A.2d 194 (1980).

5. Regulation.

Law authorizing municipalities to regulate nonconforming uses does not mandate a specific method; thus, municipal zoning regulation is used to determine how the municipality regulates nonconforming uses. In re Appeal of Casella Waste Mgt, Inc., 175 Vt. 335, 830 A.2d 60 (2003).

Public interest in regulation and gradual elimination of nonconforming uses is strong, and zoning provisions allowing nonconforming uses should be strictly construed. In re Gregoire, 170 Vt. 556, 742 A.2d 1232 (mem.) (1999).

While nonconforming uses and buildings existing at the time zoning regulation became effective could not be prohibited, they were subject to reasonable regulation under the police power to protect the public health, safety, welfare, or morals. DeWitt v. Town of Brattleboro Zoning Board of Adjustment, 128 Vt. 313, 262 A.2d 472 (1970).

While nonconforming buildings and uses existing at the time that zoning restrictions become effective cannot be prohibited, they are subject to reasonable regulation under the police power to protect the public health, safety, welfare, or morals. City of Rutland v. Keiffer, 124 Vt. 357, 205 A.2d 400 (1964), (Decided under prior law.)

The pre-existing use rule whereby a zoning ordinance may not operate retroactively to require cessation of a nonconforming use does not mean that a pre-existing trailer park may not be subject to reasonable regulation and license requirements. City of Rutland v. Keiffer, 124 Vt. 357, 205 A.2d 400 (1964).

6. Establishment.

Junkyard was not a nonconforming use where, prior to enactment of the zoning regulations, a license and certificate of approval were required and had not been obtained. In re Chamberlin, 134 Vt. 359, 360 A.2d 100 (1976).

Maneuvers seeking to establish a pre-existing use before a zoning ordinance becomes effective, or to enact a zoning ordinance before pre-existing uses can be established, are not illegal so long as all acts are done in the proper exercise of lawful authority and without fraud or misrepresentation. Corcoran v. Village of Bennington, 128 Vt. 482, 266 A.2d 457 (1970).

Inasmuch as proposed development of the use of property in village for mobile home park, established by various preparatory actions and applications for water and sewer service, predated ordinance not allowing the use of the property for a mobile home park, a pre-existing use was established to that extent. Corcoran v. Village of Bennington, 128 Vt. 482, 266 A.2d 457 (1970).

7. Extension or enlargement.

Landowners failed in their argument that the trial court erred by construing town's zoning ordinance to permit a solid waste transfer station that was functioning as a pre-existing nonconforming use to construct an access road connecting the station to a highway because the zoning ordinance expressly allows extensions and expansions of nonconforming uses that are approved by the zoning board of appeals pursuant to identified criteria. In re Appeal of Casella Waste Mgt, Inc., 175 Vt. 335, 830 A.2d 60 (2003).

There was no merit to landowner's argument that neither town zoning ordinance nor its enabling legislation prohibited expansion of a noncomplying structure in a setback area; repeal of statutory provision merely brought noncomplying structures and nonconforming uses under same regulatory regime, and ordinance's interchangeable use of terms "noncomplying structure" and "nonconforming structure" was only a clerical error. In re Letourneau, 168 Vt. 539, 726 A.2d 31 (1998).

The convenience of the applicants is not sufficient to justify the extension of a nonconforming use into or upon premises which were not subject thereto at the time of the enactment of the zoning ordinance. DeWitt v. Town of Brattleboro Zoning Board of Adjustment, 128 Vt. 313, 262 A.2d 472 (1970).

The extension of a nonconforming use involves the exercise of powers distinguishable from, and more limited than, the exercise of the power to grant variances. DeWitt v. Town of Brattleboro Zoning Board of Adjustment, 128 Vt. 313, 262 A.2d 472 (1970).

That filling station which constituted a nonconforming use was outdated was insufficient to support claim of unnecessary hardship for which an enlargement and extension to build a new, larger and more modern structure could be granted. DeWitt v. Town of Brattleboro Zoning Board of Adjustment, 128 Vt. 313, 262 A.2d 472 (1970).

Town zoning board of adjustment did not have power to amend zoning ordinances and could not do so under the guise of granting outdated filling station an extension and enlargement of its nonconforming use in order to build a larger, modern structure. DeWitt v. Town of Brattleboro Zoning Board of Adjustment, 128 Vt. 313, 262 A.2d 472 (1970).

Since it is the general policy of zoning to carefully limit the extension of a nonconforming use, the enlargement of a nonconforming use by new construction is treated as a variance, rather than an exception to the regulations. Brassard Bros., Inc. v. Barre Town Zoning Bd. of Adjustment, 128 Vt. 416, 264 A.2d 814 (1970).

8. Variance.

The award of a variance is not intended as a means to afford relief from a mere personal inconvenience or as a guise to guarantee a more profitable use of property. DeWitt v. Town of Brattleboro Zoning Board of Adjustment, 128 Vt. 416, 264 A.2d 814 (1970).

Testimony of landowner seeking to build single unit residential apartment for himself above garage housing his construction business equipment and on land zoned commercial, that he could not oversee the property and his equipment if he could not live there, was insufficient to sustain claim of hardship warranting the grant of a variance. Brassard Bros., Inc. v. Barre Town Zoning Bd. of Adjustment, 128 Vt. 416, 264 A.2d 814 (1970).

9. Resumption.

City failed in its argument that, under subdivision (b)(3) of this section, its zoning provision was invalid because it allowed restoration of a nonconforming use for twelve months after discontinuance, rather than six months. The statute has been construed as a floor that restricts municipality from adopting a policy less favorable to the landowner, but allows a more favorable policy. Thus, a municipality is free to establish a longer discontinuance period before landowner lose the right to resume a nonconforming use. In re Appeal of Wesco, Inc., 180 Vt. 520, 904 A.2d 1145 (mem.) (June 12, 2006).

A town ordinance's discontinuance provision regarding nonconforming uses applied to require a property owner to obtain a conditional use permit for a children's camp without consideration of any former use that was discontinued over twenty years ago. In re Lashins, 174 Vt. 467, 807 A.2d 420 (mem.) (2002).

Town zoning ordinance did not require intent to abandon a nonconforming use before right to maintain that use was lost; pursuant to statute, town chose a policy of prohibiting resumptions of nonconforming uses based on discontinuance, rather than abandonment, and therefore ordinance could not be held to extinguish a nonconforming use only if there was abandonment, and both statute and ordinance provided that "intent to resume" a nonconforming use did not confer the right to resume. Badger v. Town of Ferrisburgh, 168 Vt. 37, 712 A.2d 911 (1998).

Although subsection (c) of this section allows a preexisting noncomplying structure to remain in place in perpetuity, once a nonconforming use of that structure is abandoned or discontinued, subdivision (b)(3) contemplates that a municipality may prohibit resumption of such use. Town of Brighton v. Griffin, 148 Vt. 264, 532 A.2d 1292 (1987).

10. Removal.

In prosecution of property owner under city zoning ordinance for having a sign projecting over a public right-of-way, the city bylaw requiring him to remove his nonconforming sign was found in conflict with this section, governing nonconforming uses and structures, at the time the bylaw was enacted in 1973, and was invalid, being beyond the scope of authority delegated to city, where section 4303(11) of this title defined a sign as a structure and this section provided that a noncomplying structure could continue in perpetuity, whereas the bylaw in question required that all nonconforming signs be removed within five years of November 6, 1973. State v. Sanguinetti, 141 Vt. 349, 449 A.2d 922 (1982).

City zoning bylaw passed in 1973 which required that all nonconforming signs be removed within five years of November 6, 1973, was invalid under former subsection (c) of this section at the time the bylaw was enacted, and neither the repeal of subsection (c) in 1980 nor the general savings clause in the city charter had any effect on the bylaw's invalidity at the time of its adoption. State v. Sanguinetti, 141 Vt. 349, 449 A.2d 922 (1982).

11. Review.

Courts will not interfere with zoning or administrative action concerning special uses, variances, exceptions, and nonconforming uses unless they are clearly unreasonable, irrational, arbitrary, or discriminatory. DeWitt v. Town of Brattleboro Zoning Board of Adjustment, 128 Vt. 313, 262 A.2d 472 (1970).

Vermont Supreme Court would uphold a zoning ordinance providing for the termination of nonconforming uses if the ordinance set out a reasonable time, measured by the useful life of an existing structure, for termination. 1970-72 Op. Atty. Gen. 315.

12. Noncomplying structure.

Ruling of Environmental Court which restricted residential use of barn to part of barn behind forty-foot setback was clearly erroneous, since nothing in statute or municipal zoning regulation directed such a result and allowing applicants to use only part of barn was impractical; moreover, there was no case law that limited a permitted activity to the complying part of a noncomplying structure. In re Miserocchi, 170 Vt. 320, 749 A.2d 607 (2000).

Issue involved a noncomplying structure, and not a nonconforming use, because the nonconformity was caused by a violation of setback requirements and not a land use impermissible in the zone involved. In re Stowe Club Highlands, 164 Vt. 272, 668 A.2d 1271 (1995).

Zoning ordinance did not authorize developer to totally replace a noncomplying structure, a barn, lying within setback area because section of ordinance containing the only language specifically authorizing reconstruction applied to nonconforming uses, but barn was not nonconforming use and court would infer that drafters of ordinance intended to prohibit reconstruction in any other circumstance. In re Stowe Club Highlands, 164 Vt. 272, 668 A.2d 1271 (1995).

13. Change from one permitted use to another .

Applicants did not need approval under municipal zoning regulation to use barn as residence, because they did not propose any change to barn's nonconforming use; rather, they proposed only to change use of barn from one permitted use - agricultural - to another permitted use - residential. In re Miserocchi, 170 Vt. 320, 749 A.2d 607 (2000).

Cited. Fleury v. Town of Essex Zoning Board of Adjustment, 141 Vt. 411, 449 A.2d 958 (1982); In re Maurice Memorials, 142 Vt. 532, 458 A.2d 1093 (1983); In re Handy, 171 Vt. 336, 764 A.2d 1226 (2000).

Annotations From Former § 4409.

1. Public facilities.

Municipal power to regulate the location of public facilities (granted to Vermont municipalities by State statute) is not unlimited; for example, the municipality cannot condition grant of landscaping permit on the submission by a public agency to the municipality's authority to regulate the location of a facility unless reasonable provision has been made in the municipal bylaws concerning such location requirements. State Buildings Div. v. Town of Castleton Board of Adjustment, 138 Vt. 250, 415 A.2d 188 (1980).

Where municipal law provided that permitted uses in area in which State sought to operate facility for juvenile delinquents were: (1) one-family dwelling, (2) professional residence-office, (3) school, (4) religious institution, (5) public outdoor recreation, (6) enclosed accessory building use; (7) home occupation, and (8) community center, the State facility clearly did not fit any of the categories and lower court's use of dictionary definition of "residential" and subsequent allowance of the facility under the zoning law was clearly inappropriate; municipal board of adjustment could properly find the use nonresidential, apply the side yard requirements of its zoning law for nonresidential uses, and find that the requirements were not met. State Buildings Div. v. Town of Castleton Board of Adjustment, 138 Vt. 250, 415 A.2d 188 (1980).

Statutory grant of authority to municipalities to zone, clearly indicating purpose to measure the reach of municipal authority, and not specifically allowing zoning with respect to sewers for State owned and operated institutions, barred town from extending its zoning authority over residential treatment facility operated by the State, and town could not condition grant of landscaping permit on the procuring, by the State, of a sewer construction permit. Morse v. Vt. Div. of State Buildings, 136 Vt. 253, 388 A.2d 371 (1978).

2. Public utilities.

This section's provision that municipalities may regulate, inter alia, public utility power generating plants and transmission lines as to size, height, bulk, yards, courts, setbacks, density of buildings, off-street parking and loading facilities, and landscaping or screening, applies only where there is no relevant Public Service Board order outstanding. City of So. Burlington v. Vt. Elec. Pow. Co., 133 Vt. 438, 344 A.2d 19 (1975).

Local municipalities should play a secondary role where a clash of authority appears to exist between State control and local control of a public utility furnishing a statewide service. City of So. Burlington v. Vt. Elec. Pow. Co., 133 Vt. 438, 344 A.2d 19 (1975).

Power company with certificate of public good issued by Public Service Board for construction of electrical transmission line and substation did not have to obtain a municipal zoning permit. City of So. Burlington v. Vt. Elec. Pow. Co., 133 Vt. 438, 344 A.2d 19 (1975).

This section's provision that if a by-law is enacted regarding any land development subject to State regulation the more stringent regulation shall apply applies only to State statutes directly regulating land development and did not apply to electrical transmission line, which city claimed could not be constructed without a zoning permit. City of So. Burlington v. Vt. Elec. Pow. Co., 133 Vt. 438, 344 A.2d 19 (1975).

Where Public Service Board had subject matter jurisdiction over power company's action for a declaratory judgment that city could not exercise zoning authority over proposed electrical transmission line and substation, and city then sought Superior Court declaratory judgment that company must obtain a zoning permit before construction could begin, court abused its discretion as a matter of law in not honoring company's request for a continuance pending board action. City of So. Burlington v. Vt. Elec. Pow. Co., 133 Vt. 438, 344 A.2d 19 (1975).

3. Family child care home or facility .

Protection of subsection (f) of this section applied regardless of whether business was conducted in day care owner's residence, and thus statute was not superfluous and did not preclude consideration of day care use as a home occupation under 24 V.S.A. § 4406(3). In re Herrick, 170 Vt. 549, 742 A.2d 752 (mem.) (1999).

4. Residential care home or group home.

Proposed use of a single-family home as a residence for students by a State-licensed, residential-care facility for adolescent children with special educational needs did not require a conditional use permit where it met the requirements of a permitted group home under subsection (d) of this section. In re Appeal of Bennington Sch., Inc., 176 Vt. 584, 845 A.2d 332 (2004).

5. Applicability.

Statute prohibiting group homes larger than six persons from being considered single-family is a zoning statute intended to protect residential care facilities from exclusionary zoning; it does not govern Act 250 decisions. State v. Eddy, 179 Vt. 296, 895 A.2d 162 (January 13, 2006).

Law review commentaries

Law review. Legislative response to exclusionary zoning of group homes, see 6 Vt. L. Rev. 509 (1981).

Subchapter 7. Bylaws

§ 4410. Regulatory implementation of the municipal plan.

A municipality that has adopted a plan through its bylaws may define and regulate land development in any manner that the municipality establishes in its bylaws, provided those bylaws are in conformance with the plan and are adopted for the purposes set forth in section 4302 of this title. In its bylaws, a municipality may utilize any or all of the tools provided in this subchapter and any other regulatory tools or methods not specifically listed. However, no bylaws shall directly conflict with sections 4412 and 4413 of this title and subchapters 9, 10, and 11 of this title.

Added 2003, No. 115 (Adj. Sess.), § 95.

History

Former § 4410. Former § 4410 was derived from 1967, No. 334 (Adj. Sess.), § 1; amended by 1969, No. 116 , § 9; 1971, No. 61 , §§ 1, 2; 1973, No. 12 ; 1973, No. 261 (Adj. Sess.), § 5; 1975, No. 50 , § 1 and 1995, No. 190 (Adj. Sess.), § 1(a); and repealed by 2003, No. 115 (Adj. Sess.), § 119(d).

Revision note. Reference in subsec. (b) to section "4411" of this title was changed to "4413" to conform reference to renumbering of such section.

ANNOTATIONS

1. Municipal authority.

Statute governing implementation of municipal plans grants broad authority to towns to implement their plan through zoning bylaws. In re JAM Golf, LLC, 185 Vt. 201, 969 A.2d 47 (2008).

Annotations From Former § 4410

1. Purpose.

The main purpose of interim zoning regulation is to temporarily preserve the existing land uses and maintain the status quo. Town of Mendon v. Ezzo, 129 Vt. 351, 278 A.2d 726 (1971).

2. Procedure .

There is an essential difference in the procedural requirements for temporary zoning and those imposed for the adoption of a comprehensive zoning plan, and as a temporary expedient of limited duration, interim zoning is not to be held to the same procedural strictures required of the adoption of the final plan. Town of Mendon v. Ezzo, 129 Vt. 351, 278 A.2d 726 (1971).

*3. Notice.

There is no statutory mandate that specific proposal for temporary zoning be reduced to writing before the notice is published and the hearing held. Town of Mendon v. Ezzo, 129 Vt. 351, 278 A.2d 726 (1971).

4. Extensions and reenactments.

In granting or denying a one year extension or reenactment of interim zoning regulations under this section, the Secretary of Development and Community Affairs must take action on the request within 30 days of its receipt and transmit notice of the action by certified mail, return receipt requested, to the clerk of the municipality; and a hearing is not necessary. 1972 Op. Atty. Gen. 124.

Whether an additional year of interim zoning granted under this section ends a year after the interim regulations expire or a year after the additional year is granted on request depends on whether an extension is granted, in which event it ends a year after the regulations expire, or a reenactment is granted, in which event it ends a year after the grant. 1972 Op. Atty. Gen. 129.

§ 4411. Zoning bylaws.

A municipality may regulate land development in conformance with its adopted municipal plan and for the purposes set forth in section 4302 of this title to govern the use of land and the placement, spacing, and size of structures and other factors specified in the bylaws related to public health, safety, or welfare. Zoning bylaws may permit, prohibit, restrict, regulate, and determine land development, including the following:
1. specific uses of land and shoreland facilities;
2. dimensions, location, erection, construction, repair, maintenance, alteration, razing, removal, and use of structures;
3. areas and dimensions of land to be occupied by uses and structures, as well as areas, courts, yards, and other open spaces and distances to be left unoccupied by uses and structures;
4. timing or sequence of growth, density of population, and intensity of use;
5. uses within a river corridor and buffer, as those terms are defined in 10 V.S.A. §§ 1422 and 1427.
All zoning bylaws shall apply to all lands within the municipality other than as specifically limited or exempted in accordance with specific standards included within those bylaws and in accordance with the provisions of this chapter. The provisions of those bylaws may be classified so that different provisions may be applied to different classes of situations, uses, and structures and to different and separate districts of the municipality as may be described by a zoning map made part of the bylaws. The land use map required pursuant to subdivision 4382(a)(2) of this title of any municipality may be designated as the zoning map except in cases in which districts are not deemed by the planning commission to be described in sufficient accuracy or detail by the municipal plan land use map. All provisions shall be uniform for each class of use or structure within each district, except that additional classifications may be made within any district for any or all of the following:
1. To make transitional provisions at and near the boundaries of districts.
2. To regulate the expansion, reduction, or elimination of certain nonconforming uses, structures, lots, or parcels.
3. To regulate, restrict, or prohibit uses or structures at or near any of the following:
  1. Major thoroughfares, their intersections and interchanges, and transportation arteries.
  2. Natural or artificial bodies of water.
  3. Places of relatively steep slope or grade.
  4. Public buildings and public grounds.
  5. Aircraft and helicopter facilities.
  6. Places having unique patriotic, ecological, historical, archaeological, or community interest or value, or located within scenic or design control districts.
  7. Flood or other hazard areas and other places having a special character or use affecting or affected by their surroundings.
  8. River corridors, river corridor protection areas, and buffers, as the term "buffer" is defined in 10 V.S.A. § 1422 .
4. To regulate, restrict, or prohibit uses or structures in overlay districts, as set forth in subdivision 4414(2) of this title.
  Added 2003, No. 115 (Adj. Sess.), § 95; amended 2009, No. 110 (Adj. Sess.), § 6; 2011, No. 138 (Adj. Sess.), § 12, eff. May 14, 2012.

History

Former § 4411. Former § 4411 was derived from 1969, No. 281 (Adj. Sess.), § 14; amended by 1973, No. 147 (Adj. Sess.), § 6 and 1983, No. 249 (Adj. Sess.), § 1; and repealed by 2003, No. 115 (Adj. Sess.), § 119(d).

Amendments--2011 (Adj. Sess.). Subdiv. (b)(3)(G): Deleted "fluvial erosion," preceding "or other hazard areas".

Subdiv. (b)(3)(H): Added ", river corridor protection areas" and substituted "the term 'buffer' is defined in 10 V.S.A. § 1422" for "those terms are defined in 10 V.S.A. §§ 1422 and 1427".

Amendments--2009 (Adj. Sess.) Subdiv. (a)(5): Added.

Subsec. (b): Inserted "fluvial erosion" following "flood" in subdiv. (3)(G), and added subdiv. (3)(H).

ANNOTATIONS

1. Generally.

Nothing in the Woodstock zoning ordinance requires a landowner to show compliance with the Vermont Common Interest Ownership Act in order to obtain a zoning permit; moreover, it is doubtful that a municipality could adopt such a requirement. The Vermont Common Interest Ownership Act has its own private remedies, and there is no suggestion that public, regulatory remedies were intended. In re Woodstock Community Trust & Housing Vt. PRD, 192 Vt. 474, 60 A.3d 686 (2012).

Former § 4411. Former § 4411 was derived from 1969, No. 281 (Adj. Sess.), § 14; amended 1973, No. 147 (Adj. Sess.), § 6 and 1983, No. 249 (Adj. Sess.), § 1; and repealed by 2003, No. 115 (Adj. Sess.), § 119(d).

§ 4412. Required provisions and prohibited effects.

Notwithstanding any existing bylaw, the following land development provisions shall apply in every municipality:

Equal treatment of housing and required provisions for affordable housing.
1. No bylaw nor its application by an appropriate municipal panel under this chapter shall have the effect of excluding housing that meets the needs of the population as determined in the housing element of its municipal plan as required under subdivision 4382(a)(10) of this title or the effect of discriminating in the permitting of housing as specified in 9 V.S.A. § 4503 .
2. Except as provided in subdivisions 4414(1)(E) and (F) of this title, no bylaw shall have the effect of excluding mobile homes, modular housing, or prefabricated housing from the municipality, except upon the same terms and conditions as conventional housing is excluded. A municipality may establish specific site standards in the bylaws to regulate individual sites within preexisting mobile home parks with regard to distances between structures and other standards as necessary to ensure public health, safety, and welfare, provided the standards do not have the effect of prohibiting the replacement of mobile homes on existing lots.
3. No bylaw shall have the effect of excluding mobile home parks, as defined in 10 V.S.A. chapter 153, from the municipality.
4. Bylaws shall designate appropriate districts and reasonable regulations for multiunit or multifamily dwellings. No bylaw shall have the effect of excluding these multiunit or multifamily dwellings from the municipality.
5. Except for flood hazard and fluvial erosion area bylaws adopted pursuant to section 4424 of this title, no bylaw shall have the effect of excluding as a permitted use one accessory dwelling unit that is located within or appurtenant to a single-family dwelling on an owner-occupied lot. A bylaw may require a single-family dwelling with an accessory dwelling unit to be subject to the same review, dimensional, or other controls as required for a single-family dwelling without an accessory dwelling unit. An accessory dwelling unit means a distinct unit that is clearly subordinate to a single-family dwelling, and has facilities and provisions for independent living, including sleeping, food preparation, and sanitation, provided there is compliance with all the following:
  1. The property has sufficient wastewater capacity.
  2. The unit does not exceed 30 percent of the total habitable floor area of the single-family dwelling or 900 square feet, whichever is greater.
6. Nothing in subdivision (1)(E) of this section shall be construed to prohibit:
  1. a bylaw that is less restrictive of accessory dwelling units; or
  2. a bylaw that regulates short-term rental units distinctly from residential rental units.
7. A residential care home or group home to be operated under State licensing or registration, serving not more than eight persons who have a disability as defined in 9 V.S.A. § 4501 , shall be considered by right to constitute a permitted single-family residential use of property. This subdivision (G) does not require a municipality to allow a greater number of residential care homes or group homes on a lot than the number of single-family dwellings allowed on the lot.
Existing small lots. Any lot that is legally subdivided, is in individual and separate and nonaffiliated ownership from surrounding properties, and is in existence on the date of enactment of any bylaw, including an interim bylaw, may be developed for the purposes permitted in the district in which it is located, even though the small lot no longer conforms to minimum lot size requirements of the new bylaw or interim bylaw.
1. A municipality may prohibit development of a lot not served by and able to connect to municipal sewer and water service if either of the following applies:
  1. the lot is less than one-eighth acre in area; or
  2. the lot has a width or depth dimension of less than 40 feet.
2. The bylaw may provide that if an existing small lot subsequently comes under common ownership with one or more contiguous lots, the nonconforming lot shall be deemed merged with the contiguous lot. However, a nonconforming lot shall not be deemed merged and may be separately conveyed if all the following apply:
  1. The lots are conveyed in their preexisting, nonconforming configuration.
  2. On the effective date of any bylaw, each lot was developed with a water supply and wastewater disposal system.
  3. At the time of transfer, each water supply and wastewater system is functioning in an acceptable manner.
  4. The deeds of conveyance create appropriate easements on both lots for replacement of one or more wastewater systems, potable water systems, or both, in case there is a failed system or failed supply as defined in 10 V.S.A. chapter 64.
3. Nothing in this subdivision (2) shall be construed to prohibit a bylaw that is less restrictive of development of existing small lots.
Required frontage on, or access to, public roads, class 4 town highways, or public waters. Land development may be permitted on lots that do not have frontage either on a public road, class 4 town highway, or public waters, provided that access through a permanent easement or right-of-way has been approved in accordance with standards and process specified in the bylaws. This approval shall be pursuant to subdivision bylaws adopted in accordance with section 4418 of this title, or where subdivision bylaws have not been adopted or do not apply, through a process and pursuant to standards defined in bylaws adopted for the purpose of assuring safe and adequate access. Any permanent easement or right-of-way providing access to such a road or waters shall be at least 20 feet in width.
Protection of home occupations. No bylaw may infringe upon the right of any resident to use a minor portion of a dwelling unit for an occupation that is customary in residential areas and that does not have an undue adverse effect upon the character of the residential area in which the dwelling is located.
Child care. A "family child care home or facility" as used in this subdivision means a home or facility where the owner or operator is to be licensed or registered by the State for child care. A family child care home serving six or fewer children shall be considered to constitute a permitted single-family residential use of property. A family child care home serving no more than six full-time children and four part-time children, as defined in 33 V.S.A. § 3511(7) , shall be considered to constitute a permitted use of property but may require site plan approval based on local zoning requirements. A family child care facility serving more than six full-time and four part-time children may, at the discretion of the municipality, be subject to all applicable municipal bylaws.
Heights of renewable energy resource structures. The height of wind turbines with blades less than 20 feet in diameter, or rooftop solar collectors less than 10 feet high on sloped roofs, any of which are mounted on complying structures, shall not be regulated unless the bylaws provide specific standards for regulation. For the purpose of this subdivision, a sloped roof means a roof having a slope of more than five degrees. In addition, the regulation of antennae that are part of a telecommunications facility, as defined in 30 V.S.A. § 248a , may be exempt from review under this chapter according to the provisions of that section.
Nonconformities. All bylaws shall define how nonconformities will be addressed, including standards for nonconforming uses, nonconforming structures, and nonconforming lots.
1. To achieve the purposes of this chapter set forth in section 4302 of this title, municipalities may regulate and prohibit expansion and undue perpetuation of nonconformities. Specifically, a municipality, in its bylaws, may:
  1. Specify a time period that shall constitute abandonment or discontinuance of that nonconforming use, provided the time period is not less than six months.
  2. Specify the extent to which, and circumstances under which, a nonconformity may be maintained or repaired.
  3. Specify the extent to which, and circumstances under which, a nonconformity may change or expand.
  4. Regulate relocation or enlargement of a structure containing a nonconforming use.
  5. Specify the circumstances in which a nonconformity that is destroyed may be rebuilt.
  6. Specify other appropriate circumstances in which a nonconformity must comply with the bylaws.
2. If a mobile home park, as defined in 10 V.S.A. chapter 153, is a nonconformity pursuant to a municipality's bylaws, the entire mobile home park shall be treated as a nonconformity under those bylaws, and individual lots within the mobile home park shall in no event be considered nonconformities. Unless the bylaws provide specific standards as described in subdivision (1)(B) of this section, where a mobile home park is a nonconformity under bylaws, its status regarding conformance or nonconformance shall apply to the parcel as a whole, and not to any individual mobile home lot within the park. An individual mobile home lot that is vacated shall not be considered a discontinuance or abandonment of a nonconformity.
3. Nothing in this section shall be construed to restrict the authority of a municipality to abate public nuisances or to abate or remove public health risks or hazards.
1. Communications antennae and facilities. Except to the extent bylaws protect historic landmarks and structures listed on the State or National Register of Historic Places, no permit shall be required for placement of an antenna used to transmit, receive, or transmit and receive communications signals on that property owner's premises if the area of the largest face of the antenna is not more than 15 square feet, and if the antenna and any mast support do not extend more than 12 feet above the roof of that portion of the building to which the mast is attached. (8) (A) Communications antennae and facilities. Except to the extent bylaws protect historic landmarks and structures listed on the State or National Register of Historic Places, no permit shall be required for placement of an antenna used to transmit, receive, or transmit and receive communications signals on that property owner's premises if the area of the largest face of the antenna is not more than 15 square feet, and if the antenna and any mast support do not extend more than 12 feet above the roof of that portion of the building to which the mast is attached.
2. If an antenna structure is less than 20 feet in height and its primary function is to transmit or receive communication signals for commercial, industrial, institutional, nonprofit, or public purposes, it shall not be regulated under this chapter if it is located on a structure located within the boundaries of a downhill ski area and permitted under this chapter. For the purposes of this subdivision, "downhill ski area" means an area with trails for downhill skiing served by one or more ski lifts and any other areas within the boundaries of the ski area and open to the public for winter sports.
3. The regulation of a telecommunications facility, as defined in 30 V.S.A. § 248a , shall be exempt from municipal approval under this chapter when and to the extent jurisdiction is assumed by the Public Utility Commission according to the provisions of that section. This exemption from obtaining approval under this chapter shall not affect the substantial deference to be given to a plan or recommendation based on a local land use bylaw under 30 V.S.A. § 248a (c)(2) .
4. A municipality may regulate communications towers, antennae, and related facilities in its bylaws provided that such regulations do not have the purpose or effect of being inconsistent with subdivisions (A) through (C) of this subdivision (8).
De minimis telecommunications impacts. An officer or entity designated by the municipality shall review telecommunications facilities applications, and upon determining that a particular application will impose no impact or de minimis impact upon any criteria established in the bylaws, shall approve the application.
Planting projects; flood hazard and similar areas. A bylaw under this chapter shall not require the filing of an application or the issuance of a permit by the municipality for a planting project considered to have a permit by operation of subsection 4424(c) of this title.
Accessory on-farm businesses. No bylaw shall have the effect of prohibiting an accessory on-farm business at the same location as a farm.
1. Definitions. As used in this subdivision (11):
  1. "Accessory on-farm business" means activity that is accessory to a farm and comprises one or both of the following:
    1. The storage, preparation, processing, and sale of qualifying products, provided that more than 50 percent of the total annual sales are from qualifying products that are principally produced on the farm at which the business is located.
    2. Educational, recreational, or social events that feature agricultural practices or qualifying products, or both. Such events may include tours of the farm, farm stays, tastings and meals featuring qualifying products, and classes or exhibits in the preparation, processing, or harvesting of qualifying products. As used in this subdivision (II), "farm stay" means a paid, overnight guest accommodation on a farm for the purpose of participating in educational, recreational, or social activities on the farm that feature agricultural practices or qualifying products, or both. A farm stay includes the option for guests to participate in such activities.
  2. "Farm" means a parcel or parcels owned, leased, or managed by a person, devoted primarily to farming, and subject to the RAP rules. For leased lands to be part of a farm, the lessee must exercise control over the lands to the extent they would be considered as part of the lessee's own farm. Indicators of such control include whether the lessee makes day-to-day decisions concerning the cultivation or other farming-related use of the leased lands and whether the lessee manages the land for farming during the lease period.
  3. "Farming" shall have the same meaning as in 10 V.S.A. § 6001 .
  4. "Qualifying product" means a product that is wholly:
    1. an agricultural, horticultural, viticultural, or dairy commodity, or maple syrup;
    2. livestock or cultured fish or a product thereof;
    3. a product of poultry, bees, an orchard, or fiber crops;
    4. a commodity otherwise grown or raised on a farm; or
    5. a product manufactured on one or more farms from commodities wholly grown or raised on one or more farms.
  5. "RAP rules" means the rules on required agricultural practices adopted pursuant to 6 V.S.A. chapter 215, subchapter 2.
2. Eligibility. For an accessory on-farm business to be eligible for the benefit of this subdivision (11), the business shall comply with each of the following:
  1. The business is operated by the farm owner, one or more persons residing on the farm parcel, or the lessee of a portion of the farm.
  2. The farm meets the threshold criteria for the applicability of the RAP rules as set forth in those rules.
3. Use of structures or land. An accessory on-farm business may take place inside new or existing structures or on the land.
4. Review; permit. Activities of an accessory on-farm business that are not exempt under section 4413 of this title may be subject to site plan review pursuant to section 4416 of this title. A bylaw may require that such activities meet the same performance standards otherwise adopted in the bylaw for similar commercial uses pursuant to subdivision 4414(5) of this title.
5. Less restrictive. A municipality may adopt a bylaw concerning accessory on-farm businesses that is less restrictive than the requirement of this subdivision (11).
6. Notification; training. The Secretary of Agriculture, Food and Markets shall provide periodic written notification and training sessions to farms subject to the RAP rules on the existence and requirements of this subdivision (11) and the potential need for other permits for an accessory on-farm business, including a potable water and wastewater system permit under 10 V.S.A. chapter 64.
  Added 2003, No. 115 (Adj. Sess.), § 95; amended 2005, No. 172 (Adj. Sess.), § 5, eff. May 22, 2006; 2007, No. 79 , § 15; 2007, No. 79 , § 15, eff. June 9, 2007; 2009, No. 54 , § 45, eff. June 1, 2009; 2011, No. 53 , § 14e, eff. May 27, 2011; 2011, No. 137 (Adj. Sess.), § 7, eff. May 14, 2012; 2011, No. 155 (Adj. Sess.), § 14; 2011, No. 170 (Adj. Sess.), § 16e, eff. May 18, 2012; 2013, No. 16 , § 5, eff. May 6, 2013; 2013, No. 96 (Adj. Sess.), § 162; 2013, No. 131 (Adj. Sess.), § 127, eff. May 20, 2014; 2015, No. 130 (Adj. Sess.), § 5b, eff. May 25, 2016; 2017, No. 4 , § 2, eff. March 6, 2017; 2017, No. 130 (Adj. Sess.), § 17; 2017, No. 143 (Adj. Sess.), § 2; 2019, No. 179 (Adj. Sess.), § 1, eff. Oct. 12, 2020.

History

Former § 4412. Former § 4412 was derived from 1973, No. 263 (Adj. Sess.), § 3; amended by 1977, No. 200 (Adj. Sess.), § 4; 1983, No. 249 (Adj. Sess.), § 2; 1987, No. 76 , § 18 and 1993, No. 232 (Adj. Sess.), §§ 3, 4; and repealed by 2003, No. 115 (Adj. Sess.), § 119(d).

2017. In subdiv. (8)(C), substituted "Public Utility Commission" for "Public Service Board" in accordance with 2017, No. 53 , § 12.

Amendments--2019 (Adj. Sess.). Subdiv. (1)(E): Amended generally.

Subdiv. (1)(F)(ii): Rewrote subdiv.

Subdiv. (2)(A): Inserted "not served by and able to connect to municipal sewer and water service" following " development of a lot".

Amendments--2017 (Adj. Sess.). Subdiv. (1)(G): Act No. 130 deleted an exception from the end, and added the last sentence.

Subdiv. (11): Added by Act No. 143.

Amendments--2017. Subdiv. (10): Added.

Amendments--2015 (Adj. Sess.). Subdiv. (8)(C): Added the second sentence.

Amendments--2013 (Adj. Sess.). Subdiv. (1)(G): Act No. 96 deleted "handicap or" following "who have a".

Subdiv. (5): Act No. 131 substituted "33 V.S.A. § 3511(7)" for "subdivision 33 V.S.A. § 4902(3)(A)" following "as defined in".

Amendments--2013. Subdiv. (1)(E): Substituted "Except for flood hazard and fluvial erosion area bylaws adopted pursuant to section 4424 of this title, no" for "No" preceding "bylaw".

Amendments--2011 (Adj. Sess.) Subdiv. (1)(A): Act No. 137 inserted "nor its application by an appropriate municipal panel under this chapter" preceding "shall have the effect" and "or the effect of discriminating in the permitting of housing as specified in 9 V.S.A. § 4503" after "of this title".

Subdiv. (3): Act No. 155 inserted "class 4 town highways" following "roads" in the subdiv. heading and in the first sentence.

Subdiv. (6): Act No. 170 added "on sloped roofs" in the second sentence, and added the third sentence.

Amendments--2011. Subdiv. (8)(A): Substituted "an antenna" for "antennae" preceding "used"; deleted "aggregate" preceding "area"; substituted "face" for "faces" following "largest", "antenna" for "antennae" preceding "is" preceding "15" for "eight" preceding "square" and "do" for "does" following "support".

Amendments--2009. Subdiv. (8)(C): Deleted "of antennae that are part" following "The regulation", and substituted "approval" for "bylaw review".

Amendments--2007. Subdiv. (6): Substituted "renewable energy resource" for "certain" in the subdiv. heading, and added the last two sentences.

Subdivs. (8) and (9): Added.

Amendments--2005 (Adj. Sess.). Subdiv. (6): Added the last two sentences.

Legislative purpose. 2017, No. 143 (Adj. Sess.), § 1 provides: "The General Assembly adopts Sec. 2 of this act [which adds 24 V.S.A. § 4412(11)] to:

"(1) promote and facilitate the economic viability of Vermont's farms; and

"(2) increase the consistency across the State of municipal regulation and permitting of accessory activity that supports those farms."

ANNOTATIONS

Analysis

1. "Surrounding" defined.
2. Existing small lot exemption.
3. Right-of-way.

1. "Surrounding" defined .

Former statute regarding existing small lots was meant to apply to contiguous lots, and the word "surrounding" was meant to include contiguous parcels only. In re Appeal of Jenness, 185 Vt. 16, 968 A.2d 316 (2008).

Term "surrounding" as it is used in the former statute governing existing small lots refers only to properties that are contiguous. In re Appeal of Jenness, 185 Vt. 16, 968 A.2d 316 (2008).

Because only contiguous parcels were "surrounding" under the statute governing existing small lots, and the parties had stipulated that two lots separated by a public road were not contiguous, the parcels were not "surrounding" and therefore could not merge. Thus, the trial court erred in concluding that one of the lots in question was not an existing small lot. In re Appeal of Jenness, 185 Vt. 16, 968 A.2d 316 (2008).

2. Existing small lot exemption.

It is precisely the intent of the existing-small-lot exemption to permit development, without variances as to area or dimensions, of preexisting small lots. In re Appeal of Jenness, 185 Vt. 16, 968 A.2d 316 (2008).

Former existing-small-lot statute, which expressly sets minimum dimensions for existing small lots, was plainly intended to preempt otherwise applicable dimensional requirements. Thus, the trial court did not err in concluding that existing small lots were exempt from the otherwise applicable dimensional requirements in a town's bylaws. In re Appeal of Jenness, 185 Vt. 16, 968 A.2d 316 (2008).

3. Right-of-way .

Vermont statute provides that land development may be permitted on lots that do not have frontage on either a public road or public waters provided that the lot has approved access to a public road through a permanent easement or right-of-way. Thus, regardless of whether a road met the statutory definition of a public road, there was no question that it satisfied the alternative statutory basis for development as a "right-of-way" connecting to a public road. Regan v. Pomerleau, 197 Vt. 449, 107 A.3d 327 (2014).

Prior decision by the Environmental Court that denied defendants' building permit due to a right-of-way not being wide enough to comport with zoning regulations did not invalidate the use of the right-of-way, such that the Environmental Court had no jurisdiction over a private zoning enforcement action regarding the use thereof. Nordlund v. Van Nostrand, 190 Vt. 188, 27 A.3d 340 (2011).

§ 4413. Limitations on municipal bylaws.

1. The following uses may be regulated only with respect to location, size, height, building bulk, yards, courts, setbacks, density of buildings, off-street parking, loading facilities, traffic, noise, lighting, landscaping, and screening requirements, and only to the extent that regulations do not have the effect of interfering with the intended functional use: (a) (1) The following uses may be regulated only with respect to location, size, height, building bulk, yards, courts, setbacks, density of buildings, off-street parking, loading facilities, traffic, noise, lighting, landscaping, and screening requirements, and only to the extent that regulations do not have the effect of interfering with the intended functional use:
  1. State- or community-owned and operated institutions and facilities;
  2. public and private schools and other educational institutions certified by the Agency of Education;
  3. churches and other places of worship, convents, and parish houses;
  4. public and private hospitals;
  5. regional solid waste management facilities certified under 10 V.S.A. chapter 159;
  6. hazardous waste management facilities for which a notice of intent to construct has been received under 10 V.S.A. § 6606a .
2. Except for State-owned and -operated institutions and facilities, a municipality may regulate each of the land uses listed in subdivision (1) of this subsection for compliance with the National Flood Insurance Program and for compliance with a municipal ordinance or bylaw regulating development in a flood hazard area or river corridor, consistent with the requirements of subdivision 2291(25) and section 4424 of this title. These regulations shall not have the effect of interfering with the intended functional use.
A bylaw under this chapter shall not regulate electric generation facilities, energy storage facilities, and transmission facilities regulated under 30 V.S.A. § 248 or subject to regulation under 30 V.S.A. § 8011 .
Except as otherwise provided by this section and by 10 V.S.A. § 1976 , if any bylaw is enacted with respect to any land development that is subject to regulation under State statutes, the more stringent or restrictive regulation applicable shall apply.
1. A bylaw under this chapter shall not regulate: (d) (1) A bylaw under this chapter shall not regulate:
  1. required agricultural practices, including the construction of farm structures, as those practices are defined by the Secretary of Agriculture, Food and Markets;
  2. accepted silvicultural practices, as defined by the Commissioner of Forests, Parks and Recreation, including practices that are in compliance with the Acceptable Management Practices for Maintaining Water Quality on Logging Jobs in Vermont, as adopted by the Commissioner of Forests, Parks and Recreation; or
  3. forestry operations.
2. As used in this section:
  1. "Farm structure" means a building, enclosure, or fence for housing livestock, raising horticultural or agronomic plants, or carrying out other practices associated with accepted agricultural or farming practices, including a silo, as "farming" is defined in 10 V.S.A. § 6001(22) , but excludes a dwelling for human habitation.
  2. "Forestry operations" has the same meaning as in 10 V.S.A. § 2602 .
3. A person shall notify a municipality of the intent to build a farm structure and shall abide by setbacks approved by the Secretary of Agriculture, Food and Markets. No municipal permit for a farm structure shall be required.
4. This subsection does not prevent an appropriate municipal panel, when issuing a decision on an application for land development over which the panel otherwise has jurisdiction under this chapter, from imposing reasonable conditions under subsection 4464(b) of this title to protect wildlife habitat; threatened or endangered species; or other natural, historic, or scenic resources and does not prevent the municipality from enforcing such conditions, provided that the reasonable conditions do not restrict or regulate forestry operations unrelated to land development.
A bylaw enacted under this chapter shall be subject to the restrictions created under section 2295 of this title, with respect to the limits on municipal power to regulate hunting, fishing, trapping, and other activities specified under that section.
This section shall apply in every municipality, notwithstanding any existing bylaw to the contrary.
Notwithstanding any provision of law to the contrary, a bylaw adopted under this chapter shall not:
1. Regulate the installation, operation, and maintenance, on a flat roof of an otherwise complying structure, of a solar energy device that heats water or space or generates electricity. For the purpose of this subdivision, "flat roof" means a roof having a slope less than or equal to five degrees.
2. Prohibit or have the effect of prohibiting the installation of solar collectors not exempted from regulation under subdivision (1) of this subsection, clotheslines, or other energy devices based on renewable resources.
1. Except as necessary to ensure compliance with the National Flood Insurance Program, a bylaw under this chapter shall not regulate any of the following: (h) (1) Except as necessary to ensure compliance with the National Flood Insurance Program, a bylaw under this chapter shall not regulate any of the following:
  1. an ancillary improvement that does not exceed a footprint of 300 square feet and a height of 10 feet;
  2. the following improvements associated with the construction or installation of a communications line:
    1. the attachment of a new or replacement cable or wire to an existing electrical distribution or communications distribution pole;
    2. the replacement of an existing electrical distribution or communications distribution pole with a new pole, so long as the new pole is not more than 10 feet taller than the pole it replaces.
2. For purposes of this subsection:
  1. "Ancillary improvement" shall have the same definition as is established in 30 V.S.A. § 248a(b) .
  2. "Communications line" means a wireline or fiber-optic cable communications facility that transmits and receives signals to and from a local, State, national, or international network used primarily for two-way communications for commercial, industrial, municipal, county, or State purposes.
    Added 2003, No. 115 (Adj. Sess.), § 95; amended 2009, No. 45 , § 15c, eff. May 27, 2009; 2011, No. 53 , § 14, eff. May 27, 2011; 2011, No. 170 (Adj. Sess.), § 16f, eff. May 18, 2012; 2013, No. 92 (Adj. Sess.), § 272, eff. Feb. 14, 2014; 2013, No. 107 (Adj. Sess.), § 2, eff. April 18, 2014; 2015, No. 64 , § 52; 2015, No. 171 (Adj. Sess.), § 19; 2021, No. 54 , § 4.

History

Former § 4413. Former § 4413 was derived from 1967, No. 334 (Adj. Sess.), § 1; and amended by 1979, No. 174 (Adj. Sess.), § 14 and 1993, No. 232 (Adj. Sess.), § 5; and repealed by 2003, No. 115 (Adj. Sess.), § 119(d).

Amendments--2021. Subsec. (b): Substituted "electric generation facilities, energy storage facilities," for "public utility power generating plants" and added "or subject to regulation under 30 V.S.A. § 8011" at the end.

Amendments--2015 (Adj. Sess.). Subsec. (d): Redesignated as subdiv. (d)(1) and amended generally.

Amendments--2015. Subsec. (d): Amended generally.

Amendments--2013 (Adj. Sess.). Act No. 92 substituted "Agency of Education" for "state department of education" in subdiv. (a)(2).

Act No. 107 added the present subdiv. (a)(1) designation and redesignated former subdivs. (a)(1)-(a)(6) as present (a)(1)(A)-(a)(1)(F), substituted "Agency of Education" for "state department of education" at the end of subdiv. (a)(1)(B), and added present subdiv. (a)(2).

Amendments--2011 (Adj. Sess.). Subsec. (g): Rewrote the subsec.

Amendments--2011. Subsec. (h): Added.

Amendments--2009. Subsec. (g): Added.

Repeal of sunset of subsec. (h). 2011, No. 53 , § 14d(1) provided for the sunset of subsec. (h), effective July 1, 2014; however, 2013, No. 190 (Adj. Sess.), § 22 and No. 199, § 32 repealed the expiration date of that subsec.

ANNOTATIONS

Analysis

1. Construction.
2. Farm structures.

1. Construction.

Statute limiting a town's ability to control uses of State facility to those enumerated therein involves not only a limitation on the town's zoning power, but also a limitation on the State's sovereignty with respect to the use of its land. In re Appeal of Buildings and General Services, 176 Vt. 41, 838 A.2d 78 (2003), (Decided under prior law.)

In the statute limiting a town's ability to control uses of State facility to those enumerated therein, the clause pertaining to reasonable provision in a zoning bylaw for the location of designated facilities merely added location to the already enumerated list of regulable aspects and did not expand municipal power to regulate certain uses beyond those specifically enumerated. In re Appeal of Buildings and General Services, 176 Vt. 41, 838 A.2d 78 (2003), (Decided under prior law.)

2. Farm structures.

Certain buildings used to process timber into lumber qualified as "farm structures" exempt from local zoning regulation. The landowners adduced substantial expert testimony that their wood-processing activities were supportive of, and closely interrelated with, their farming operation as a whole. In re Moore Accessory Structure Permit & Use, 194 Vt. 159, 75 A.3d 625 (2013).

Processing lumber from timber harvested on site and using it for farm related purposes are practices long and intimately associated with farming in Vermont for purposes of the exemption from local zoning regulation for "farm structures." In re Moore Accessory Structure Permit & Use, 194 Vt. 159, 75 A.3d 625 (2013).

§ 4414. Zoning; permissible types of regulations.

Any of the following types of regulations may be adopted by a municipality in its bylaws in conformance with the plan and for the purposes established in section 4302 of this title.

Zoning districts. A municipality may define different and separate zoning districts, and identify within these districts which land uses are permitted as of right, and which are conditional uses requiring review and approval, including the districts set forth in this subdivision (1).
1. Downtown, village center, new town center, and growth center districts. The definition or purpose stated for local downtown, village center, new town center, or growth center zoning districts should conform with the applicable definitions in section 2791 of this title. Municipalities may adopt downtown, village center, new town center, or growth center districts without seeking State designation under chapter 76A of this title. A municipality may adopt a manual of graphic or written design guidelines to assist applicants in the preparation of development applications. The following objectives should guide the establishment of boundaries, requirements, and review standards for these districts:
  1. To create a compact settlement oriented toward pedestrian activity and including an identifiable neighborhood center, with consistently higher densities than those found in surrounding districts.
  2. To provide for a variety of housing types, jobs, shopping, services, and public facilities with residences, shops, workplaces, and public buildings interwoven within the district, all within close proximity.
  3. To create a pattern of interconnecting streets and blocks, consistent with historic settlement patterns, that encourages multiple routes from origins to destinations.
  4. To provide for a coordinated transportation system with a hierarchy of appropriately designed facilities for pedestrians, bicycles, public transit, and automotive vehicles.
  5. To provide for natural features and undisturbed areas that are incorporated into the open space of the neighborhood as well as historically compatible squares, greens, landscaped streets, and parks woven into the pattern of the neighborhood.
  6. To provide for public buildings, open spaces, and other visual features that act as landmarks, symbols, and focal points for community identity.
  7. To ensure compatibility of buildings and other improvements as determined by their arrangement, building bulk, form, design, character, and landscaping to establish a livable, harmonious, and diverse environment.
  8. To provide for public and private buildings that form a consistent, distinct edge, are oriented toward streets, and define the border between the public street space and the private block interior.
2. Agricultural, rural residential, forest, and recreational districts. Where, for the purposes set forth in section 4302 of this title, it is deemed necessary to safeguard certain areas from urban or suburban development and to encourage that development in other areas of the municipality or region, the following districts may be created:
  1. Agricultural or rural residential districts, permitting all types of agricultural uses and prohibiting all other land development except low density residential development.
  2. Forest districts, permitting commercial forestry and related uses and prohibiting all other land development.
  3. Recreational districts, permitting camps, ski areas, and related recreational facilities, including lodging for transients and seasonal residents, and prohibiting all other land development except construction of residences for occupancy by caretakers and their families.
3. Airport hazard area. In accordance with 5 V.S.A. chapter 17, any municipality may adopt special bylaws governing the use of land, location, and size of buildings and density of population within a distance of two miles from the boundaries of an airport under an approach zone and for a distance of one mile from the boundaries of the airport elsewhere. The designation of that area and the bylaws applying within that area shall be in accord with applicable airport zoning guidelines, if any, adopted by the Vermont Transportation Board.
4. Shorelands.
  1. A municipality may adopt bylaws to regulate shorelands as defined in 10 V.S.A. § 1422 to prevent and control water pollution; preserve and protect wetlands and other terrestrial and aquatic wildlife habitat; conserve the scenic beauty of shorelands; minimize shoreline erosion; reserve public access to public waters; and achieve other municipal, regional, or State shoreland conservation and development objectives.
  2. Shoreland bylaws may regulate the design and maintenance of sanitary facilities; regulate filling of and other adverse alterations to wetlands and other wildlife habitat areas; control building location; require the provision and maintenance of vegetation; require provisions for access to public waters for all residents and owners of the development; and impose other requirements authorized by this chapter.
5. Design review districts. Bylaws may contain provisions for the establishment of design review districts. Prior to the establishment of such a district, the planning commission shall prepare a report describing the particular planning and design problems of the proposed district and setting forth a design plan for the areas which shall include recommended planning and design criteria to guide future development. The planning commission shall hold a public hearing, after public notice, on that report. After this hearing, the planning commission may recommend to the legislative body a design review district as a bylaw amendment. A design review district may be created for any area containing structures of historical, architectural, or cultural merit, and other areas in which there is a concentration of community interest and participation such as a central business district, civic center, or a similar grouping or focus of activities. These areas may include townscape areas that resemble in important aspects the earliest permanent settlements, including a concentrated urban settlement with striking vistas, views extending across open fields and up to the forest edge, a central focal point and town green, and buildings of high architectural quality, including styles of the early 19th century. Within such a designated design review district, no structure may be erected, reconstructed, substantially altered, restored, moved, demolished, or changed in use or type of occupancy without approval of the plans by the appropriate municipal panel. A design review board may be appointed by the legislative body of the municipality, in accordance with section 4433 of this title, to advise any appropriate municipal panel.
6. Local historic districts and landmarks.
  1. Bylaws may contain provisions for the establishment of historic districts and the designation of historic landmarks. Historic districts shall include structures and areas of historic or architectural significance and may include distinctive design or landscape characteristics, areas, and structures with a particular relationship to the historic and cultural values of the surrounding area, and structures whose exterior architectural features bear a significant relationship to the remainder of the structures or to the surrounding area. Bylaws may reference National and State Registers of Historic Places, properties, and districts. A report prepared under section 4441 of this title with respect to the establishment of a local historic district or designation of an historic landmark shall contain a map that clearly delineates the boundaries of the local historic district or landmark, justification for the boundary, a description of the elements of the resources that are integral to its historical, architectural, and cultural significance, and a statement of the significance of the local historic district or landmark.
  2. With respect to external appearances and other than normal maintenance, no structure within a designated historic district may be rehabilitated, substantially altered, restored, moved, demolished, or changed, and no new structure within an historic district may be erected without approval of the plans therefor by the appropriate municipal panel. The panel shall consider the following in its review of plans submitted:
    1. The historic or architectural significance of the structure, its distinctive characteristics, and its relationship to the historic significance of the surrounding area.
    2. The relationship of the proposed changes in the exterior architectural features of the structure to the remainder of the structure and to the surrounding area.
    3. The general compatibility of the proposed exterior design, arrangement, texture, and materials proposed to be used.
    4. Any other factors, including the environmental setting and aesthetic factors that the panel deems to be pertinent.
  3. When an appropriate municipal panel is reviewing an application relating to an historic district, the panel:
    1. Shall be strict in its judgment of plans for those structures deemed to be valuable under subdivision (1)(F)(i) of this section, but is not required to limit new construction, alteration, or repairs to the architectural style of any one period, but may encourage compatible new design.
    2. If an application is submitted for the alteration of the exterior appearance of a structure or for the moving or demolition of a structure deemed to be significant under subdivision (1)(F)(i) of this section, shall meet with the owner of the structure to devise an economically feasible plan for the preservation of the structure.
    3. Shall approve an application only when the panel is satisfied that the proposed plan will not materially impair the historic or architectural significance of the structure or surrounding area.
    4. In the case of a structure deemed to be significant under subdivision (1)(F)(i) of this section, may approve the proposed alteration despite subdivision (1)(F)(ii)(III) of this section if the panel finds either or both of the following:
      1. The structure is a deterrent to a major improvement program that will be of clear and substantial benefit to the municipality.
      2. Retention of the structure would cause undue financial hardship to the owner.
  4. This subdivision (1)(F), and bylaws issued pursuant to it, shall apply to designation of individual landmarks as well as to designation of local historic districts. A landmark is any individual building, structure, or site that by itself has a special historic, architectural, or cultural value.
  5. The provisions of this subdivision (1)(F) shall not in any way apply to or affect buildings, structures, or land within the "Capitol complex," as defined in 29 V.S.A. chapter 6.
7. River corridors and buffers. In accordance with section 4424 of this title, a municipality may adopt bylaws to protect river corridors and buffers, as those terms are defined in 10 V.S.A. §§ 1422 and 1427, in order to protect public safety; prevent and control water pollution; prevent and control stormwater runoff; preserve and protect wetlands and waterways; maintain and protect natural channel, streambank, and floodplain stability; minimize fluvial erosion and damage to property and transportation infrastructure; preserve and protect the habitat of terrestrial and aquatic wildlife; promote open space and aesthetics; and achieve other municipal, regional, or State conservation and development objectives for river corridors and buffers. River corridor and buffer bylaws may regulate the design and location of development; control the location of buildings; require the provision and maintenance or reestablishment of vegetation, including no net loss of vegetation; require screening of development or use from waters; reserve existing public access to public waters; and impose other requirements authorized by this chapter.
Overlay districts. Special districts may be created to supplement or modify the zoning requirements otherwise applicable in underlying districts in order to provide supplementary provisions for areas such as shorelands and floodplains, aquifer and source protection areas, ridgelines and scenic features, highway intersection, bypass, and interchange areas, or other features described in section 4411 of this title.
Conditional uses.
1. In any district, certain uses may be allowed only by approval of the appropriate municipal panel, if general and specific standards to which each allowed use must conform are prescribed in the appropriate bylaws and if the appropriate municipal panel, under the procedures in subchapter 10 of this chapter, determines that the proposed use will conform to those standards. These general standards shall require that the proposed conditional use shall not result in an undue adverse effect on any of the following:
  1. The capacity of existing or planned community facilities.
  2. The character of the area affected, as defined by the purpose or purposes of the zoning district within which the project is located, and specifically stated policies and standards of the municipal plan.
  3. Traffic on roads and highways in the vicinity.
  4. Bylaws and ordinances then in effect.
  5. Utilization of renewable energy resources.
2. The general standards set forth in subdivision (3)(A) of this section may be supplemented by more specific criteria, including requirements with respect to any of the following:
  1. Minimum lot size.
  2. Distance from adjacent or nearby uses.
  3. Performance standards, as under subdivision (5) of this section.
  4. Criteria adopted relating to site plan review pursuant to section 4416 of this title.
  5. Any other standards and factors that the bylaws may include.
3. One or more of the review criteria found in 10 V.S.A. § 6086 may be adopted as standards for use in conditional use review.
4. A multiunit dwelling project consisting of four or fewer units located in a district allowing multiunit dwellings may not be denied solely due to an undue adverse effect on the character of the area affected.
Parking and loading facilities. A municipality may adopt provisions setting forth standards for permitted and required facilities for off-street parking and loading which may vary by district and by uses within each district. These bylaws may also include provisions covering the location, size, design, access, landscaping, and screening of those facilities. In determining the number and size of parking spaces required under these regulations, the appropriate municipal panel may take into account the existence or availability of employer "transit pass" and rideshare programs, public transit routes, and public parking spaces in the vicinity of the development.
Performance standards. As an alternative or supplement to the listing of specific uses permitted in districts, including those in manufacturing or industrial districts, bylaws may specify acceptable standards or levels of performance that will be required in connection with any use. These bylaws shall specifically describe the levels of operation that are acceptable and not likely to affect adversely the use of the surrounding area by the emission of such dangerous or objectionable elements as noise, vibration, smoke, dust, odor, or other form of air pollution, heat, cold, dampness, electromagnetic, or other disturbance, glare, liquid, or solid refuse or wastes; or create any dangerous, injurious, noxious, fire, explosive, or other hazard. The land planning policies and development bylaws manual prepared pursuant to section 4304 of this title shall contain recommended forms of alternative performance standards, and the assistance of the Agency of Commerce and Community Development shall be available to any municipality that requests aid in the application or enforcement of these bylaws.
Access to renewable energy resources. Any municipality may adopt zoning and subdivision bylaws to encourage energy conservation and to protect and provide access to, among others, the collection or conversion of direct sunlight, wind, running water, organically derived fuels, including wood and agricultural sources, waste heat, and geothermal sources, including those recommendations contained in the adopted municipal plan, regional plan, or both. The bylaw shall establish a standard of review in conformance with the municipal plan provisions required pursuant to subdivision 4382(a)(9) of this title.
Inclusionary zoning. In order to provide for affordable housing, bylaws may require that a certain percentage of housing units in a proposed subdivision, planned unit development, or multi-unit development meets defined affordability standards, which may include lower income limits than contained in the definition of "affordable housing" in subdivision 4303(1) of this title and may contain different affordability percentages than contained in the definition of "affordable housing development" in subdivision 4303(2) of this title. These provisions, at a minimum, shall comply with all the following:
1. Be in conformance with specific policies of the housing element of the municipal plan.
2. Be determined from an analysis of the need for affordable rental and sale housing units in the community.
3. Include development incentives that contribute to the economic feasibility of providing affordable housing units, such as density bonuses, reductions or waivers of minimum lot, dimensional or parking requirements, reductions or waivers of applicable fees, or reductions or waivers of required public or nonpublic improvements.
4. Require, through conditions of approval, that once affordable housing is built, its availability will be maintained through measures that establish income qualifications for renters or purchasers, promote affirmative marketing, and regulate the price, rent, and resale price of affordable units for a time period specified in the bylaws.
Waivers.
1. A bylaw may allow a municipality to grant waivers to reduce dimensional requirements, in accordance with specific standards that shall be in conformance with the plan and the goals set forth in section 4302 of this title. These standards may:
  1. allow mitigation through design, screening, or other remedy;
  2. allow waivers for structures providing for disability accessibility, fire safety, and other requirements of law; and
  3. provide for energy conservation and renewable energy structures.
2. If waivers from dimensional requirements are provided, the bylaws shall specify the process by which these waivers may be granted and appealed.
Stormwater management and control. Any municipality may adopt bylaws to implement stormwater management and control consistent with the program developed by the Secretary of Natural Resources pursuant to 10 V.S.A. § 1264 .
Time-share projects. The bylaws may require that time-share projects consisting of five or more time-share estates or licenses be subject to development review.
Archaeological resources. A municipality may adopt bylaws for the purpose of regulating archaeological sites and areas that may contain significant archaeological sites to make progress toward attaining the goals in the municipal plan concerning the protection of archaeological sites.
Wireless telecommunications facilities and ancillary improvements. A municipality may adopt bylaws to regulate wireless telecommunications facilities and ancillary improvements in a manner consistent with State or federal law. These bylaws may include requiring the decommissioning or dismantling of wireless telecommunications facilities and ancillary improvements, and may establish requirements that a bond be posted, or other security acceptable to the legislative body, in order to finance facility decommissioning or dismantling activities.
1. Wastewater and potable water supply systems. A municipality may adopt bylaws that: (13) (A) Wastewater and potable water supply systems. A municipality may adopt bylaws that:
  1. prohibit the initiation of construction under a zoning permit unless and until a wastewater and potable water supply permit is issued under 10 V.S.A. chapter 64; or
  2. establish an application process for a zoning or subdivision permit, under which an applicant may submit a permit application for municipal review, and the municipality may condition the issuance of a final permit upon issuance of a wastewater and potable water supply permit under 10 V.S.A. chapter 64.
2. For purposes of an appeal of a permit issued under a bylaw adopted under this subdivision (13), the appealable decision of the municipality shall be the issuance or denial of a final zoning or subdivision permit and not the requirement to condition issuance of a permit on issuance of a wastewater and potable water supply permit under 10 V.S.A. chapter 64.
Green development incentives. A municipality may encourage the use of low-embodied energy in construction materials, planned neighborhood developments that allow for reduced use of fuel for transportation, and increased use of renewable technology by providing for regulatory incentives, including increased densities and expedited review.
Solar plants; screening. Notwithstanding any contrary provision of sections 2291a and 4413 of this title or 30 V.S.A. chapter 5 or 89, a municipality may adopt a freestanding bylaw to establish screening requirements that shall apply to a ground-mounted plant that generates electricity from solar energy. In a proceeding under 30 V.S.A. § 248 , the municipality may make recommendations to the Public Utility Commission applying the bylaw to such a plant. The bylaw may designate the municipal body to make this recommendation. Screening requirements and recommendations adopted under this subdivision shall be a condition of a certificate of public good issued for the plant under 30 V.S.A. § 248 , provided that they do not prohibit or have the effect of prohibiting the installation of such a plant and do not have the effect of interfering with its intended functional use.
1. Screening requirements under this subdivision shall not be more restrictive than screening requirements applied to commercial development in the municipality under this chapter or, if the municipality does not have other bylaws except flood hazard, 10 V.S.A. chapter 151.
2. In this section, "plant" shall have the same meaning as in 30 V.S.A. § 8002 and "screening" means reasonable aesthetic mitigation measures to harmonize a facility with its surroundings and includes landscaping, vegetation, fencing, and topographic features.
3. This subdivision (15) shall not authorize requiring a municipal land use permit for a solar electric generation plant, and a municipal action under this subdivision shall not be subject to the provisions of subchapter 11 (appeals) of this chapter. Notwithstanding any contrary provision of this title, enforcement of a bylaw adopted under this subdivision shall be pursuant to the provisions of 30 V.S.A. § 30 applicable to violations of 30 V.S.A. § 248.
  Added 2003, No. 115 (Adj. Sess.), § 95; amended 2005, No. 183 (Adj. Sess.), § 5; 2007, No. 32 , § 4; 2007, No. 79 , § 15; 2007, No. 32 , § 4a, eff. May 18, 2007; 2007, No. 79 , § 15a, eff. June 9, 2007; 2007, No. 209 (Adj. Sess.), § 11; 2009, No. 110 (Adj. Sess.), § 7; 2009, No. 145 (Adj. Sess.), § 2, eff. June 1, 2010; 2013, No. 147 (Adj. Sess.), § 14, eff. June 1, 2014; 2015, No. 56 , § 26d, eff. June 11, 2015; 2019, No. 179 (Adj. Sess.), § 2, eff. Oct. 12, 2020.

History

Former § 4414. Former § 4414 was derived from 1967, No. 334 (Adj. Sess.), § 1; amended by 1993, No. 232 (Adj. Sess.), § 6; and repealed by 2003, No. 115 (Adj. Sess.), § 119(d).

2020. In subdiv. (3), redesignated subdiv. (E) as added by 2019, No. 179 (Adj. Sess.), § 2 as subdiv. (D).

2017. In subdiv. (15), substituted "Public Utility Commission" for "Public Service Board" in accordance with 2017, No. 53 , § 12.

Amendments--2019 (Adj. Sess.). Subdiv. (3)(D): Added.

Amendments--2015. Subdiv. (15): Added.

Amendments--2013 (Adj. Sess.). Subdiv. (7): Deleted "or" following "proposed subdivision", inserted ", or multi-unit development" following "planned unit development".

Amendments--2009 (Adj. Sess.) Subdiv. (1)(G): Added.

Subdiv. (13): Amended generally.

Amendments--2007 (Adj. Sess.). Subdiv. (14): Added.

Amendments--2007. Subdiv. (12): Act No. 79 added "state" preceding "or federal law" in the second sentence.

Subdiv. (13): Added.

Amendments--2005 (Adj. Sess.). Subdiv. (1)(A): Deleted "and" preceding "new"; inserted "and growth center" and "or growth center" preceding "districts" and "zoning", respectively and substituted "chapter 76A" for "section 2793".

ANNOTATIONS

Analysis

1. Construction.
2. Conditional uses.

1. Construction.

Although a town's zoning bylaw language was derived from the statute, the nature of the language was altered from the general - municipalities may permit conditional uses - to the specific - sand and gravel extraction requires a conditional use permit, such that the bylaw was not read in precisely the same manner as the enabling statute. In re Application of Lathrop L.P. I, 199 Vt. 19, 121 A.3d 630 (2015).

2. Conditional uses.

As an enabling statute authorized a town to provide for conditional uses and ensure that those uses met the minimum statutory standards, the town was within its discretion to choose the districts within which conditional uses could be located. In re Application of Lathrop L.P. I, 199 Vt. 19, 121 A.3d 630 (2015).

§ 4415. Interim bylaws.

If a municipality is conducting or has taken action to conduct studies, or has held or is holding a hearing for the purpose of considering a bylaw, a comprehensive plan, or an amendment, extension, or addition to a bylaw or plan, the legislative body may adopt interim bylaws regulating land development in all or a part of the municipality in order to protect the public health, safety, and general welfare and provide for orderly physical and economic growth. These interim bylaws shall be adopted, reenacted, extended, or amended by the legislative body of the municipality after public hearing upon public notice as an emergency measure. They shall be limited in duration to two years from the date they become effective and may be extended or reenacted only in accordance with subsections (f) and (g) of this section. An interim bylaw adopted under this section may be repealed after public hearing, upon public notice by the legislative body. The legislative body, upon petition of five percent of the legal voters filed with the clerk of the municipality, shall hold a public hearing for consideration of amendment or repeal of the interim bylaws.
An interim bylaw adopted, extended, or reenacted under this section may contain any provision authorized under this chapter.
Interim bylaws shall be administered and enforced in accordance with the provisions of this title applicable to the administration and enforcement of permanent bylaws, except that uses other than those permitted by an interim bylaw may be authorized as provided for in subsection (d) of this section.
Under interim bylaws, the legislative body may, upon application, authorize the issuance of permits for any type of land development as a conditional use not otherwise permitted by the bylaw after public hearing preceded by notice in accordance with section 4464 of this title. The authorization by the legislative body shall be granted only upon a finding by the body that the proposed use is consistent with the health, safety, and welfare of the municipality and the standards contained in subsection (e) of this section. The applicant and all abutting property owners shall be notified in writing of the date of the hearing and of the legislative body's final determination.
In making a determination, the legislative body shall consider the proposed use with respect to all the following:
1. The capacity of existing or planned community facilities, services, or lands.
2. The existing patterns and uses of development in the area.
3. Environmental limitations of the site or area and significant natural resource areas and sites.
4. Municipal plans and other municipal bylaws, ordinances, or regulations in effect.
The legislative body of the municipality may extend or reenact interim bylaws for a one-year period beyond the initial two-year period authorized by subsection (a) of this section in accordance with the procedures for adoption in that subsection.
A copy of the adopted, amended, reenacted, or extended interim bylaw shall be sent to adjoining towns, to the regional planning commission of the region in which the municipality is located, and to the Agency of Commerce and Community Development.
Added 2003, No. 115 (Adj. Sess.), § 95.

History

Former § 4415. Former § 4415 was derived from 1967, No. 334 (Adj. Sess.), § 1; amended by 1993, No. 232 (Adj. Sess.), § 7; and repealed by 2003, No. 115 (Adj. Sess.), § 119(d).

§ 4416. Site plan review.

As prerequisite to the approval of any use other than one- and two-family dwellings, the approval of site plans by the appropriate municipal panel may be required, under procedures set forth in subchapter 10 of this chapter. In reviewing site plans, the appropriate municipal panel may impose, in accordance with the bylaws, appropriate conditions and safeguards with respect to the adequacy of parking, traffic access, and circulation for pedestrians and vehicles; landscaping and screening; the protection of the utilization of renewable energy resources; exterior lighting; the size, location, and design of signs; and other matters specified in the bylaws. The bylaws shall specify the maps, data, and other information to be presented with applications for site plan approval and a review process pursuant to section 4464 of this title.
Whenever a proposed site plan involves access to a State highway or other work in the State highway right-of-way such as excavation, grading, paving, or utility installation, the application for site plan approval shall include a letter from the Agency of Transportation confirming that the Agency has reviewed the proposed site plan and determined whether a permit is required under 19 V.S.A. § 1111 . If the Agency determines that a permit for the proposed site plan is required under 19 V.S.A. § 1111 , then the letter from the Agency shall set out any conditions that the Agency proposes to attach to the permit required under 19 V.S.A. § 1111.
Added 2003, No. 115 (Adj. Sess.), § 95; amended 2013, No. 167 (Adj. Sess.), § 29; 2021, No. 55 , § 36.

History

Former § 4416. Former § 4416 was derived from 1967, No. 334 (Adj. Sess.), § 1; amended by 1993, No. 232 (Adj. Sess.), § 8; and repealed by repealed by 2003, No. 115 (Adj. Sess.), § 119(d).

Amendments--2021. Subsec. (b): Amended generally.

Amendments--2013 (Adj. Sess.). Added the subsec. (a) designation and added subsec. (b).

ANNOTATIONS

1. Applicability .

The existence of stripes on an approved Planned Unit Development site plan was sufficient to impose a requirement that newly created parking spaces must be painted. In re Tekram Partners, 178 Vt. 628, 883 A.2d 1160 (mem.) (July 28, 2005).

§ 4417. Planned unit development.

Any municipality adopting a bylaw should provide for planned unit developments to permit flexibility in the application of land development regulations for the purposes of section 4302 of this title and in conformance with the municipal plan. The following may be purposes for planned unit development bylaws:
1. To encourage compact, pedestrian-oriented development and redevelopment, and to promote a mix of residential uses or nonresidential uses, or both, especially in downtowns, village centers, new town centers, and associated neighborhoods.
2. To implement the policies of the municipal plan, such as the provision of affordable housing.
3. To encourage any development in the countryside to be compatible with the use and character of surrounding rural lands.
4. To provide for flexibility in site and lot layout, building design, placement and clustering of buildings, use of open areas, provision of circulation facilities, including pedestrian facilities and parking, and related site and design considerations that will best achieve the goals for the area as articulated in the municipal plan and bylaws within the particular character of the site and its surroundings.
5. To provide for the conservation of open space features recognized as worthy of conservation in the municipal plan and bylaws, such as the preservation of agricultural land, forest land, trails, and other recreational resources, critical and sensitive natural areas, scenic resources, and protection from natural hazards.
6. To provide for efficient use of public facilities and infrastructure.
7. To encourage and preserve opportunities for energy-efficient development and redevelopment.
The application of planned unit development bylaws to a proposed development may:
1. Involve single or multiple properties and one owner or multiple owners. Procedures for application and review of multiple owners or properties under a common application, if allowed, shall be specified in the bylaws.
2. Be limited to parcels that have a minimum area specified in the bylaws or a minimum size or number of units.
3. Be mandatory for land located in specified zoning districts or for projects of a specified type or magnitude as provided in the bylaws.
Planned unit development bylaws adopted pursuant to this section at a minimum shall include the following provisions:
1. A statement of purpose in conformance with the purposes of the municipal plan and bylaws.
2. The development review process to be used for review of planned unit developments to include conditional use or subdivision review procedures, or both, as specified in the bylaws.
3. Specifications, or reference to specifications, for all application documents and plan drawings.
4. Standards for the review of proposed planned unit developments, which may vary the density or intensity of land use otherwise applicable under the provisions of the bylaws in consideration of and with respect to any of the following:
  1. The location and physical characteristics of the proposed planned unit development.
  2. The location, design, type, and use of the lots and structures proposed.
  3. The amount, location, and proposed use of open space.
5. Standards requiring related public improvements or nonpublic improvements, or both; and the payment of impact fees, incorporating by reference any development impact fee ordinance adopted pursuant to chapter 131 of this title.
6. Provisions for the proposed planned unit development to be completed in reasonable phases, in accordance with the municipal plan and any capital budget and program.
7. Provisions for coordinating the planned unit development review with other applicable zoning or subdivision review processes, specifying the sequence in which the various review standards will be considered.
8. Reviews that are conducted in accordance with the procedures in subchapter 10 of this chapter.
Planned unit development bylaws may provide for, as part of the standards described in subdivisions (c)(4) and (c)(5) of this section, the authorization of uses, densities, and intensities that do not correspond with or are not otherwise expressly permitted by the bylaws for the area in which a planned unit development is located, provided that the municipal plan contains a policy that encourages mixed use development, development at higher overall densities or intensities, or both.
Standards for the reservation or dedication of common land or other open space for the use or benefit of the residents of the proposed planned unit development shall include provisions for determining the amount and location of that common land or open space, and for ensuring its improvement and maintenance.
1. The bylaws may provide that the municipality may, at any time, accept the dedication of land or any interest in land for public use and maintenance.
2. The bylaws may require that the applicant or landowner provide for and establish an organization or trust for the ownership and maintenance of any common facilities or open space, and that this organization or trust shall not be dissolved or revoked nor shall it dispose of any common open space, by sale or otherwise, except to an organization or trust conceived and established to own and maintain the common open space, without first offering to dedicate the same to the municipality or other governmental agency to maintain those common facilities or that open space.
The approval of a proposed planned unit development shall be based on findings by the appropriate municipal panel that the proposed planned unit development is in conformance with the municipal plan and satisfies other requirements of the bylaws.
The appropriate municipal panel may prescribe, from time to time, rules and regulations to supplement the standards and conditions set forth in the zoning bylaws, provided the rules and regulations are not inconsistent with any municipal bylaw. The panel shall hold a public hearing after public notice, as required by section 4464 of this title, prior to the enactment of any supplementary rules and regulations.
Added 2003, No. 115 (Adj. Sess.), § 95.

History

Former § 4417. Former § 4417 was derived from 1967, No. 334 (Adj. Sess.), § 1; amended by 1979, No. 174 (Adj. Sess.), § 15; 1987, No. 200 (Adj. Sess.), § 38 and 1993, No. 232 (Adj. Sess.), § 9; repealed by 2003, No. 115 (Adj. Sess.), § 119(d).

2008. In subsec. (d), substituted "subdivisions (c)(4) and (c)(5)" for "subdivision (c)(3)" to correct a cross-reference to subsec. (c) of this section.

§ 4418. Subdivision bylaws.

In order to guide community settlement patterns and to ensure the efficient extension of services, utilities, and facilities as land is developed, a municipality may regulate the division of a lot or parcel of land into two or more lots or other division of land for sale, development, or lease. Subdivision bylaws shall establish standards and procedures for approval, modification, or disapproval of plats of land and approval or modification of plats previously filed in the office of the municipal clerk or land records.

Subdivision bylaws shall be administered in accordance with the requirements of subchapter 10 of this chapter, and shall contain:
1. Procedures and requirements for the design, submission, and processing of plats, any drawing and plans, and any other documentation required for review of subdivisions.
2. Standards for the design and layout of streets, sidewalks, curbs, gutters, streetlights, fire hydrants, landscaping, water, sewage and stormwater management facilities, public and private utilities, and other necessary improvements as may be specified in a municipal plan. Standards in accordance with subdivision 4412(3) of this title shall be required for lots without frontage on or access to public roads or public waters.
3. Standards for the design and configuration of parcel boundaries and location of associated improvements necessary to implement the municipal plan and achieve the desired settlement pattern for the neighborhood, area, or district in which the subdivision is located.
4. Standards for the protection of natural resources and cultural features and the preservation of open space, as appropriate in the municipality.
Subdivision bylaws may include:
1. Provisions allowing the appropriate municipal panel to waive or modify, subject to appropriate conditions, the provision of any or all improvements and requirements as in its judgment of the special circumstances of a particular plat or plats are not requisite in the interest of the public health, safety, and general welfare, or are inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the subdivision.
2. Procedures for conceptual, preliminary, partial, and other reviews preceding submission of a subdivision plat, including any administrative reviews.
3. Specific development standards to promote the conservation of energy or to permit the utilization of renewable energy resources, or both.
4. State standards and criteria under 10 V.S.A. § 6086(a) .
  Added 2003, No. 115 (Adj. Sess.), § 95.

History

Former § 4418. Former § 4418 was derived from 1967, No. 334 (Adj. Sess.), § 1; amended by 1967, No. 334 (Adj. Sess.), § 1; and repealed by 2003, No. 115 (Adj. Sess.), § 119(d).

§ 4419. Unified development bylaws.

Any bylaws authorized under this chapter may be integrated into a unified land development bylaw that combines the separate requirements into a consolidated review and permitting process. At a minimum, unified development bylaws shall consolidate zoning and subdivision bylaws. Unified development bylaws should incorporate other bylaws in conformance with this chapter and should cross reference all ordinances adopted by a municipality pursuant to authority outside this chapter that affect land development. Unified development bylaws shall provide for an orderly permitting process for all applicable regulations, in accordance with subchapters 10 and 11 of this chapter.
Any municipality that has adopted unified development bylaws in conformance with the requirements of sections 4410, 4411, 4412, 4413, and 4417 of this title shall be deemed to have adopted permanent zoning and subdivision regulations in accordance with 10 V.S.A. § 6001(3) .
Added 2003, No. 115 (Adj. Sess.), § 95.

History

Former § 4419. Former § 4419 was derived from 1967, No. 334 (Adj. Sess.), § 1 and repealed by 2003, No. 115 (Adj. Sess.), § 119(d).

§ 4420. Local Act 250 review of municipal impacts.

This section shall apply to any municipality in which all of the following have taken place, either at the direction of the legislative body or pursuant to a vote of the municipality's voters at a duly warned municipal meeting considering the question:
1. The criteria specified in this section have been adopted in the appropriate bylaws authorized under this chapter.
2. The municipality's plan has been duly adopted under the provisions of this chapter.
3. The municipality has adopted zoning bylaws and subdivision bylaws, either separately or incorporated into one unified development bylaw.
4. The municipality has adopted, for purposes of this section, the Municipal Administrative Procedure Act established in chapter 36 of this title.
5. A development review board has been created and has been authorized to undertake local Act 250 review of municipal impacts caused by a development or subdivision, or both, as the terms "development" and "subdivision" are defined in 10 V.S.A. chapter 151.
1. With respect to developments or subdivisions to which this section applies, the development review board, pursuant to the procedures established in chapter 36 of this title, shall hear such applications as meet the criteria set forth in the bylaws with respect to size or impact, or both, for local Act 250 review of municipal impacts. Once a municipality has determined to conduct reviews under this section, all applicants meeting such criteria for Act 250 permits for developments or subdivisions located within the municipality shall go through this process, unless all the following apply: (b) (1) With respect to developments or subdivisions to which this section applies, the development review board, pursuant to the procedures established in chapter 36 of this title, shall hear such applications as meet the criteria set forth in the bylaws with respect to size or impact, or both, for local Act 250 review of municipal impacts. Once a municipality has determined to conduct reviews under this section, all applicants meeting such criteria for Act 250 permits for developments or subdivisions located within the municipality shall go through this process, unless all the following apply:
  1. The applicant can establish to the satisfaction of the development review board that the applicant relied on a determination by the Natural Resources Board's local district coordinator that Act 250 jurisdiction did not apply to the development or subdivision in question, and based upon that reliance, the applicant obtained local permits without complying with this section.
  2. The Natural Resources Board's local district coordinator's jurisdictional ruling was later reconsidered or overturned on appeal, with the result that Act 250 jurisdiction does apply to the development or subdivision in question.
  3. The development review board waives its jurisdiction under this section in the interest of fairness to the applicant.
2. Determinations by the development review board regarding whether to waive jurisdiction under this subsection shall not be subject to review.
In proceedings under this section, the applicant shall demonstrate that the proposed development or subdivision:
1. Will not cause an unreasonable burden on the ability of the municipality to provide educational services.
2. Will not cause an unreasonable burden on the ability of the municipality to provide municipal or governmental services.
3. Is in conformance with the plan of the municipality adopted in accordance with this chapter.
A violation of the provisions of this section shall be subject to enforcement as a violation of this chapter.
Added 2003, No. 115 (Adj. Sess.), § 95.

History

Former § 4420. Former § 4420 was derived from 1967, No. 334 (Adj. Sess.), § 1 and repealed by 2003, No. 115 (Adj. Sess.), § 119(d).

§ 4421. Official map.

A municipality may adopt an official map that identifies future municipal utility and facility improvements, such as road or recreational path rights-of-way, parkland, utility rights-of-way, and other public improvements, in order to provide the opportunity for the community to acquire land identified for public improvements prior to development for other use and to identify the locations of required public facilities for new subdivisions and other development under review by the municipality.

Preparation of an official map. For the purposes of this chapter, the official map shall be based upon the most accurate data available as to the location and width of existing and proposed streets and drainageways and the location of all existing and proposed parks, schools, and other public facilities. Where questions arise in the administration of this section that require more precise determinations of the location of any street right-of-way line on all drainageways or the location of any park, school, or any other public facility, the legislative body shall have a survey prepared of the street or section, park, school, or other public facility in question, that may by resolution of the legislative body become a part of the official map.
Changes to the official map. After adoption of the official map, the recordation of plats that have been approved as provided by this chapter, or the adoption of any urban renewal plan under chapter 85 of this title, shall, without further action, modify the official map accordingly. Minor changes in the location of proposed public facilities may also be made to particular sections of the official map if the change is recommended by a majority of the planning commission and approved by resolution of the legislative body. This process may take place concurrently with review of development or subdivision of a parcel that is proposed to be subject to a map change.
Status of mapped public facilities. The adoption, as part of an official map, of any existing or proposed street or street line or drainageway, or any proposed park, school, or other public facility, shall not constitute a taking or acceptance of land by the municipality, nor shall the adoption of any street in an official map constitute the opening or establishment of the street for public use or obligate the municipality in any way for the maintenance of the street.
Building on properties with mapped public facilities. No zoning permit may be issued for any land development within the lines of any street, drainageway, park, school, or other public facility shown on the official map, except as specifically provided in this section. No person shall recover any damages for the taking for public use of any land development constructed within the lines of any proposed street, drainageway, park, school, or other public facility after it has been included in the official map, and any such land development shall be removed at the expense of the owner.
1. If a permit for any land development within the lines of any proposed street, drainageway, park, school, or other public facility shown on an official map is denied pursuant to subdivision (5) of this section, the legislative body shall have 120 days from the date of the denial of the permit to institute proceedings to acquire that land or interest in that land, and if no such proceedings are started within that time, the administrative officer shall issue the permit if the application otherwise conforms to all the applicable bylaws.
2. A municipality may specify in its bylaws that conditional use review is required for any structure within the line of any public facility shown on the official map or within a specified area adjacent to the lines on the map. If conditional use review is required for these structures, the purpose of the review shall be to ensure that the structure is compatible with the location and function of existing and planned public facilities. If the conditional use is denied, the procedure provided in subdivision (4)(A) of this section shall be instituted.
Development review for properties with mapped public facilities. Any application for subdivision or other development review that involves property on which the official map shows a public facility shall demonstrate that the mapped public facility will be accommodated by the proposed subdivision or development in accordance with the municipality's bylaws. Failure to accommodate the mapped public facility or obtain a minor change in the official map shall result in the denial of the development or subdivision. The legislative body shall have 120 days from the date of the denial of the permit to institute proceedings to acquire that land or interest in land, and if these proceedings are not started within that time, the appropriate municipal panel shall review the application without regard to the proposed public facilities.
Added 2003, No. 115 (Adj. Sess.), § 95.

History

Former § 4421. Former § 4421 was derived from 1967, No. 334 (Adj. Sess.), § 1; amended by 1977, No. 61 , § 1; and repealed by 2003, No. 115 (Adj. Sess.), § 119(d).

§ 4422. Adequate public facilities; phasing.

Development may be phased or limited under a bylaw to avoid or mitigate any undue adverse impact on existing or planned community facilities or services. Where a capital budget and program has been adopted, the bylaw may limit or phase development based on the timing of construction or implementation of related necessary public facilities and services, in conformance with an adopted capital budget and program. A municipality also may levy impact fees in accordance with chapter 131 of this title.

Added 2003, No. 115 (Adj. Sess.), § 95.

History

Former § 4422. Former § 4422 was derived from 1967, No. 334 (Adj. Sess.), § 1; amended by 1971, No. 257 (Adj. Sess.), § 13; and repealed by 2003, No. 115 (Adj. Sess.), § 119(d).

§ 4423. Transfer of development rights.

In order to accomplish the purposes of 10 V.S.A. § 6301 , bylaws may contain provisions for the transfer of development rights. The bylaws shall do all the following:
1. Specify one or more sending areas for which development rights may be acquired.
2. Specify one or more receiving areas in which those development rights may be used.
3. Define the amount of the density increase allowable in receiving areas, and the quantity of development rights necessary to obtain those increases.
4. Define "density increase" in terms of an allowable percentage decrease in lot size or increase in building bulk, lot coverage, or ratio of floor area to lot size, or any combination.
5. Define "development rights," which at minimum shall include a conservation easement, created by deed for a specified period of not less than 30 years, granted to the municipality under 10 V.S.A. chapter 155, limiting land uses in the sending area solely to specified purposes, but including, at a minimum, agriculture and forestry.
Upon approval by the appropriate municipal panel, a zoning permit may be granted for land development based in part upon a density increase, provided there is compliance with all the following:
1. The area subject to the application is a receiving area, and the density increase is allowed by the provisions relating to transfer of development rights.
2. The applicant has obtained development rights from a sending area that are sufficient under the regulations for the density increase sought.
3. The development rights are evidenced by a deed that recites that it is a conveyance under this subdivision and recites the number of acres affected in the sending area.
4. The sending area from which development rights have been severed has been surveyed and suitably monumented.
The municipality shall maintain a map of areas from which development rights have been severed. Following issuance of a zoning permit under this section, the municipality shall effect all the following:
1. Ensure that the instruments transferring the conservation easements and the development rights are recorded.
2. Mark the development rights map showing the area from which development rights have been severed and indicating the book and page in the land records where the easement is recorded.
Failure to record an instrument or mark a map does not invalidate a transfer of development rights. Development rights transferred under this section shall be valid notwithstanding any subsequent failure to file a notice of claim under the Marketable Record Title Act.
Added 2003, No. 115 (Adj. Sess.), § 95.

History

Former § 4423. Former § 4423 was derived from 1967, No. 334 (Adj. Sess.), § 1 and repealed by 2003, No. 115 (Adj. Sess.), § 119(d).

§ 4424. Shorelands; river corridor protection areas; flood or hazard area; special or freestanding bylaws.

Bylaws; flood and other hazard areas; river corridor protection. Any municipality may adopt freestanding bylaws under this chapter to address particular hazard areas in conformance with the municipal plan or, for the purpose of adoption of a flood hazard area bylaw, a local hazard mitigation plan approved under 44 C.F.R. § 201.6. Such freestanding bylaws may include the following, which may also be part of zoning or unified development bylaws:
1. Bylaws to regulate development and use along shorelands.
2. Bylaws to regulate development and use in flood areas, river corridor protection areas, or other hazard areas. The following shall apply if flood or other hazard area bylaws are enacted:
  1. Purposes.
    1. To minimize and prevent the loss of life and property, the disruption of commerce, the impairment of the tax base, and the extraordinary public expenditures and demands on public service that result from flooding, landslides, erosion hazards, earthquakes, and other natural or human-made hazards.
    2. To ensure that the design and construction of development in flood, river corridor protection, and other hazard areas are accomplished in a manner that minimizes or eliminates the potential for flood and loss or damage to life and property in a flood hazard area or that minimizes the potential for fluvial erosion and loss or damage to life and property in a river corridor protection area.
    3. To manage all flood hazard areas designated pursuant to 10 V.S.A. § 753 .
    4. To make the State and municipalities eligible for federal flood insurance and other federal disaster recovery and hazard mitigation funds as may be available.
  2. Contents of bylaws. Except as provided in subsection (c) of this section, flood, river corridor protection area, and other hazard area bylaws may:
    1. Contain standards and criteria that prohibit the placement of damaging obstructions or structures, the use and storage of hazardous or radioactive materials, and practices that are known to further exacerbate hazardous or unstable natural conditions.
    2. Require flood, fluvial erosion, and hazard protection through elevation, floodproofing, disaster preparedness, hazard mitigation, relocation, or other techniques.
    3. Require adequate provisions for flood drainage and other emergency measures.
    4. Require provision of adequate and disaster-resistant water and wastewater facilities.
    5. Establish other restrictions to promote the sound management and use of designated flood, river corridor protection, and other hazard areas.
    6. Regulate all land development in a flood hazard area, river corridor protection area, or other hazard area, except for development that is regulated under 10 V.S.A. § 754 .
  3. Effect on zoning bylaws. Flood or other hazard area bylaws may alter the uses otherwise permitted, prohibited, or conditional in a flood or other hazard area under a bylaw, as well as the applicability of other provisions of that bylaw. Where a flood hazard bylaw, a hazard area bylaw, or both apply along with any other bylaw, compliance with the flood or other hazard area bylaw shall be prerequisite to the granting of a zoning permit. Where a flood hazard area bylaw or a hazard area bylaw but not a zoning bylaw applies, the flood hazard and other hazard area bylaw shall be administered in the same manner as are zoning bylaws, and a flood hazard area or hazard area permit shall be required for land development covered under the bylaw.
  4. 1. Mandatory provisions. Except as provided in subsection (c) of this section, all flood and other hazard area bylaws shall provide that no permit for new construction or substantial improvement shall be granted for a flood or other hazard area until after both the following: (D) (i) Mandatory provisions. Except as provided in subsection (c) of this section, all flood and other hazard area bylaws shall provide that no permit for new construction or substantial improvement shall be granted for a flood or other hazard area until after both the following:
      1. A copy of the application is mailed or delivered by the administrative officer or by the appropriate municipal panel to the Agency of Natural Resources or its designee, which may be done electronically, provided the sender has proof of receipt.
      2. Either 30 days have elapsed following the mailing or the Agency or its designee delivers comments on the application.
    2. The Agency of Natural Resources may delegate to a qualified representative of a municipality with a flood hazard area bylaw or ordinance or to a qualified representative for a regional planning commission the Agency's authority under this subdivision (a)(2)(D) to review and provide technical comments on a proposed permit for new construction or substantial improvement in a flood hazard area. Comments provided by a representative delegated under this subdivision (a)(2)(D) shall not be binding on a municipality.
Ordinances. A municipality may adopt a flood hazard area, river corridor protection area, or other hazard area regulation that meets the requirements of this section by ordinance under subdivision 2291(25) of this title.
Permit; planting projects.
1. As used in this subsection, "planting project" means planting vegetation to restore natural and beneficial floodplain functions, as defined in 42 U.S.C. § 4121(a) , that include floodwater storage, water quality improvement, and supporting riparian and aquatic habitat.
2. By operation of this subsection, a planting project in a flood or other hazard area or river corridor protection area is considered to have a permit under this chapter unless the project is:
  1. part of a larger undertaking that includes the construction or installation of structures, the creation of earthen berms or banks, or physical disturbance of land or water other than necessary for planting vegetation; or
  2. a forestry operation or part of a forestry operation as defined in 10 V.S.A. § 2602 and exempt from municipal regulation under subsection 4413(d) of this title.
3. Notwithstanding any contrary provision of this chapter or municipal bylaw or ordinance, a planting project considered to have a permit by operation of this subsection shall not be required to file an application to obtain a permit under this chapter or approval under a municipal ordinance or to obtain the issuance of such a permit or approval by the municipality.
  Added 2003, No. 115 (Adj. Sess.), § 95; amended by 2011, No. 138 (Adj. Sess.), § 13, eff. May 14, 2012; 2013, No. 34 , § 15; 2017, No. 4 , § 1, eff. March 6, 2017; 2017, No. 197 (Adj. Sess.), § 16.

History

Former § 4424. Former § 4424 was derived from 1967, No. 334 (Adj. Sess.), § 1; amended by 1971, No. 257 (Adj. Sess.), § 14; and repealed by 2003, No. 115 (Adj. Sess.), § 119(d).

Amendments--2017 (Adj. Sess.). Subdiv. (a)(D)(i)(I): Inserted ", which may be done electronically, provided the sender has proof of receipt" following "designee".

Amendments--2017. Section amended generally.

Amendments--2013. Subsec. (a): Deleted "including" following "under 44 C.F.R. § 201.6" and inserted "Such freestanding bylaws may include" thereafter.

Amendments--2011 (Adj. Sess.). Section amended generally.

§§ 4425, 4426. Repealed. 2003, No. 115 (Adj. Sess.), § 119(c).

History

Former §§ 4425, 4426. Former § 4425, relating to building in mapped areas, was derived from 1967, No. 334 (Adj. Sess.), § 1, and amended by 1971, No. 257 (Adj. Sess.), § 15.

Former § 4426, relating to the capital budget and program, was derived from 1967, No. 334 (Adj. Sess.), § 1, and amended by 1975, No. 164 (Adj. Sess.), § 12 and 1989, No. 280 (Adj. Sess.), § 11b.

§ 4427. Persons eligible to apply for permits.

Municipalities and solid waste management districts empowered to condemn property or an interest in property may apply for any permit required by any zoning regulation adopted under this chapter.

Added 1991, No. 109 , § 5, eff. June 28, 1991.

Subchapter 8. Nonregulatory Implementation of the Municipal Plan

§ 4430. Capital budget and program.

A capital budget shall list and describe the capital projects to be undertaken during the coming fiscal year, the estimated cost of those projects, and the proposed method of financing. A capital program is a plan of capital projects proposed to be undertaken during each of the following five years, the estimated cost of those projects, and the proposed method of financing. A capital project is any one or more of the following:
1. Any physical betterment or improvement, including furnishings, machinery, apparatus, or equipment for that physical betterment or improvement when first constructed or acquired.
2. Any preliminary studies and surveys relating to any physical betterment or improvement.
3. Land or rights in land.
4. Any combination of subdivisions (1), (2), and (3) of this subsection.
The capital budget and program shall be arranged to indicate the order of priority of each capital project and to state for each project all the following:
1. A description of the proposed project and the estimated total cost of the project.
2. The proposed method of financing, indicating the amount proposed to be financed by direct budgetary appropriation or duly established reserve funds; the amount, if any, estimated to be received from the federal or State governments; the amount, if any, to be financed by impact fees; and the amount to be financed by the issuance of obligations, showing the proposed type or types of obligations, together with the period of probable usefulness for which they are proposed to be issued.
3. An estimate of the effect, if any, upon operating costs of the municipality.
The planning commission may submit recommendations annually to the legislative body for the capital budget and program, that shall be in conformance with the municipal plan.
Added 2003, No. 115 (Adj. Sess.), § 97.

§ 4431. Purchase or acceptance of development rights.

A municipality may develop a program for purchase or acceptance of development rights and stewardship of those rights for the purposes set forth in section 4302 of this title and in conformance with the plan.

Added 2003, No. 115 (Adj. Sess.), § 97.

§ 4432. Supporting plans.

A municipality may adopt a plan or plans that support the municipal plan and may incorporate such supporting plan or plans into the municipal plan in the same manner as adoption of the municipal plan set forth in section 4385 of this title. In this event, the supporting plan shall become a part of the municipal plan. Supporting plans may include:

Access management plan. A municipality may adopt an access management plan to manage traffic and access onto public roads from adjacent property in a manner that complies with 19 V.S.A. § 1111 .
Downtown, village center, or new town center plan. A municipality may adopt a plan for the development and revitalization of its downtown, villages, or a new town center, consistent with the purposes set forth in section 2790 of this title.
Open space plan. A municipality may adopt a plan to guide public and private conservation strategies.
Added 2003, No. 115 (Adj. Sess.), § 97.

§ 4433. Advisory commissions and committees.

Municipalities may at any time create one or more advisory commissions, which for the purposes of this chapter include committees, or a combination of advisory commissions to assist the legislative body or the planning commission in preparing, adopting, and implementing the municipal plan. Advisory commissions authorized under this section and under chapter 118 of this title may advise appropriate municipal panels, applicants, and interested parties in accordance with the procedures established under section 4464 of this title.

Creation of an advisory commission. Advisory commissions not authorized in chapter 118 of this title shall be created as follows:
1. An advisory commission may be created at any time when a municipality votes to create one, or through adoption of bylaws, or when the legislative body of the municipality votes to create one.
2. An advisory commission shall have no fewer than three members. All members should be residents of the municipality, except that historic preservation or design advisory commissions may be composed of professional and lay members, a majority of whom shall reside within the municipality creating the commission.
3. Members of the advisory commission shall be appointed, and any vacancy filled, by the legislative body of the municipality. The term of each member shall be as established by the legislative body, except for those first appointed, whose terms shall be varied in length so that in the future the number whose terms expire in each successive year shall be minimized. Any appointment to fill a vacancy shall be for the unexpired term.
4. Any member of an advisory commission may be removed at any time for just cause by vote of the legislative body, for reasons given to the member in writing, and after a public hearing on the issue if the member so requests.
Procedures for advisory commissions. Advisory commissions not authorized in chapter 118 of this title shall establish the following procedures:
1. At its organizational meeting, an advisory commission shall adopt by majority vote of those present and voting such rules as it deems necessary and appropriate for the performance of its functions. It shall annually elect a chair and a clerk.
2. Times and places of meetings of an advisory commission shall be publicly posted in the municipality, and its meetings shall be open to the public in accordance with the terms of the Open Meeting Law set forth in 1 V.S.A. chapter 5, subchapter 2.
3. The advisory commission shall keep a record of its transactions that shall be filed with the town clerk as a public record of the municipality.
4. The advisory commission shall comply with ethical policies or ordinances as adopted by the town.
Duties and powers of historic preservation commissions. In addition to the requirements set forth in subdivision (2) of this section, all historic preservation commissions shall comply with all the following:
1. To the extent possible, have among their members professionals in the fields of historic preservation, history, architecture, archaeology, and related disciplines.
2. Meet no fewer than four times each year and maintain an attendance rule for commission members.
3. Have responsibilities set forth in a written document approved by a majority vote of the local legislative body at a regular or special meeting that may include:
  1. Preparation of reports and recommendations on standards for the planning commission in creating a local historic district bylaw under this chapter.
  2. Advising and assisting the legislative body, planning commission, and other entities on matters related to historic preservation.
  3. Advising the appropriate municipal panel and administrative officer in development review and enforcement pursuant to subdivision 4414(1)(F) and section 4464 of this title.
  4. If provided in the bylaw, advising and assisting the legislative body, appropriate municipal panel, and administrative officer in creating and administering a design review district or downtown or village center district pursuant to subdivision 4414(1)(A) or (E) of this title.
  5. If provided in a bylaw developed in cooperation with the Division for Historic Preservation, those procedural and advisory powers required of a Certified Local Government under the National Historic Preservation Act.
Powers and duties of design review commissions. In addition to the requirements set forth in subdivision (2) of this section, all design review commissions shall:
1. To the extent possible, have among their members professionals in the fields of architecture, landscape architecture, urban planning, historic preservation, and related disciplines.
2. Have responsibilities identified by the legislative body that may include:
  1. Preparation of reports and standards for the planning commission in creating a design review district bylaw under this chapter.
  2. Advising and assisting the legislative body, planning commission, and other entities on design-related matters in the creation of plans and bylaws and planning for public improvements.
  3. Advising appropriate municipal panels and the administrative officer in development review and enforcement pursuant to subdivisions 4414(1)(E) and (F) and section 4464 of this title.
Powers and duties of housing commissions. In addition to the requirements set forth in subdivision (2) of this section, housing commissions may have responsibilities identified by the local legislative body that include:
1. Making an inventory of the current stock of housing units in the municipality and identify any gaps in the housing stock according to household incomes or special needs of the community. The inventory may include documentation of the affordable housing cost index for an average citizen of the municipality, the average cost of rental units and vacancy rates, and the annual average sales price of homes.
2. Reviewing the zoning ordinances, subdivision bylaws, building codes, and the development review process of the municipality, make recommendations to facilitate the development of affordable housing in the municipality, and promote bylaws that increase densities for the purpose of providing affordable housing.
3. Assisting the local appropriate municipal panels pursuant to section 4464 of this title and the District Environmental Commission by providing advisory testimony on the housing needs of the municipality, where pertinent to applications made to those bodies, for permits for development.
4. Cooperating with the local legislative body, planning commission, zoning board of adjustment, road committee, or other municipal or private organizations on matters affecting housing resources of the municipality. This may include working with the municipality on a wastewater and water allocation policy that reserves a percentage of the capacity for future affordable housing.
5. Collaborating with not-for-profit housing organizations, government agencies, developers, and builders in pursuing options to meet the housing needs of the local residents.
  Added 2003, No. 115 (Adj. Sess.), § 97; amended 2013, No. 162 (Adj. Sess.), § 8.

History

Amendments--2013 (Adj. Sess.). Subdiv. (1)(A): Deleted "if the charter of a municipality permits it," following "adoption of bylaws, or".

Subdiv. (1)(B): Substituted "no fewer" for "not less" following "commission shall have" and "or design advisory" for ", design advisory, or conservation" following "historic preservation".

Subdiv. (2)(A): Substituted "chair" for "chairperson, a treasurer," following "annually elect a".

Subdiv. (3)(C): Substituted "a written document approved by a majority vote of the local legislative body at a regular or special meeting that may include" for "the commission's rules of procedure that include" at the end.

Subdiv. (3)(C)(iii): Substituted "subdivision 4414(1)(F)" for "subdivision 4414(2)(C)" following "pursuant to".

Subdiv. (3)(C)(iv): Substituted "subdivision 4414(1)(A) or (E)" for "subdivision 4414(1)(A) or (B)" following "pursuant to".

Subdiv. (5): Inserted "have responsibilities identified by the local legislative body that include" at the end.

Subchapter 9. Adoption, Administration, and Enforcement

§ 4440. Administration; finance.

Appropriations may be made by any municipality to finance the work of planning commissions, regional planning commissions, administrative officers, appropriate municipal panels, and other officials in the preparation, adoption, administration, and enforcement of development plans and supporting plans, bylaws, capital budgets and programs, and other regulatory and nonregulatory efforts to implement the municipal plan, and to support or oppose, upon appeal to the courts, decisions of an appropriate municipal panel. For these same purposes, any municipality may accept gifts and grants of money and services from private sources and from the State and federal governments.
The legislative body may prescribe reasonable fees to be charged with respect to the administration of bylaws and for the administration of development review. These fees may include the cost of posting and publishing notices and holding public hearings and the cost of conducting periodic inspections during the installation of public improvements. These fees may be required to be payable by the applicant upon submission of the application or prior to issuance of permits or certificates of occupancy.
The legislative body may set reasonable fees for filing of notices of appeal and for other acts as it deems proper, the payment of which shall be a condition to the validity of the filing or act under this chapter.
The legislative body may establish procedures and standards for requiring an applicant to pay for reasonable costs of an independent technical review of the application.
Added 2003, No. 115 (Adj. Sess.), § 99.

§ 4441. Preparation of bylaws and regulatory tools; amendment or repeal.

A municipality may have one or more bylaws. Any bylaw for a municipality shall be prepared by or at the direction of the planning commission of the municipality and shall have the purpose of implementing the plan. An amendment or repeal of a bylaw may be prepared by the planning commission or by any other person or body.
A proposed amendment or repeal prepared by a person or body other than the planning commission shall be submitted in writing along with any supporting documents to the planning commission. The planning commission may then proceed under this subchapter as if the amendment or repeal had been prepared by the commission. However, if the proposed amendment or repeal of a bylaw is supported by a petition signed by not less than five percent of the voters of the municipality, the commission shall correct any technical deficiency and shall, without otherwise changing the amendment or repeal, promptly proceed in accordance with subsections (c) through (g) of this section, as if it had been prepared by the commission.
When considering an amendment to a bylaw, the planning commission shall prepare and approve a written report on the proposal. A single report may be prepared so as to satisfy the requirements of this subsection concerning bylaw amendments and subsection 4384(c) of this title concerning plan amendments. The Department of Housing and Community Development shall provide all municipalities with a form for this report. The report shall provide a brief explanation of the proposed bylaw, amendment, or repeal and shall include a statement of purpose as required for notice under section 4444 of this title, and shall include findings regarding how the proposal:
1. Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing.
2. Is compatible with the proposed future land uses and densities of the municipal plan.
3. Carries out, as applicable, any specific proposals for any planned community facilities.
The planning commission shall hold at least one public hearing within the municipality after public notice on any proposed bylaw, amendment, or repeal.
At least 15 days prior to the first hearing, a copy of the proposed bylaw, amendment, or repeal and the written report shall be delivered physically or electronically with proof of receipt or mailed by certified mail, return receipt requested, to each of the following:
1. The chair of the planning commission of each abutting municipality, or in the absence of any planning commission in a municipality, the clerk of that abutting municipality.
2. The executive director of the regional planning commission of the area in which the municipality is located.
3. The Department of Housing and Community Development within the Agency of Commerce and Community Development.
Any of the bodies identified in subsection (e) of this section, or their representatives, may submit comments on the proposed bylaw, amendment, or repeal to the planning commission, or may appear and be heard in any proceeding with respect to the adoption of the proposed bylaw, amendment, or repeal.
The planning commission may make revisions to a proposed bylaw, amendment, or repeal and to the written report, and shall then submit the proposed bylaw, amendment, or repeal and the written report to the legislative body of the municipality. However, if requested by the legislative body or if a proposed amendment was supported by a petition signed by not less than five percent of the voters of the municipality, the planning commission shall promptly submit the amendment, with changes only to correct technical deficiencies, to the legislative body of the municipality, together with any recommendation or opinion it considers appropriate. Simultaneously with the submission, the planning commission shall file with the clerk of the municipality a copy of the proposed bylaw, amendment, or repeal, and the written report for public review.
Added 2003, No. 115 (Adj. Sess.), § 100; amended 2017, No. 197 (Adj. Sess.), § 17.

History

Former § 4441. Former § 4441 was derived from 1967, No. 334 (Adj. Sess.), § 1 and repealed by 2003, No. 115 (Adj. Sess.), § 119(d).

2019. In subsec. (c), substituted "Department of Housing and Community Development" for "department of housing and community affairs" in light of Executive Order No. 3-56.

Amendments--2017 (Adj. Sess.). Subsec. (e): Inserted "physically or electronically" following "delivered".

Subdiv. (e)(1): Substituted "chair" for "chairperson".

Subdiv. (e)(3): Substituted "Department of Housing and Community Development" for "Department of Housing and Community Affairs".

Annotations From Former § 4441

Cited. In Re Carrier, 155 Vt. 152, 582 A.2d 110 (1990); In re Kostenblatt, 161 Vt. 292, 640 A.2d 39 (1994).

§ 4442. Adoption of bylaws and related regulatory tools; amendment or repeal.

Public hearings. Not less than 15 nor more than 120 days after a proposed bylaw, amendment, or repeal is submitted to the legislative body of a municipality under section 4441 of this title, the legislative body shall hold the first of one or more public hearings, after public notice, on the proposed bylaw, amendment, or repeal, and shall make copies of the proposal and the written report of the planning commission available to the public upon request. Failure to hold a hearing within the 120 days shall not invalidate the adoption of the bylaw or amendment or the validity of any repeal.
Amendment of proposal. The legislative body may make minor changes to the proposed bylaw, amendment, or repeal, but shall not do so less than 14 days prior to the final public hearing. If the legislative body at any time makes substantial changes in the concept, meaning, or extent of the proposed bylaw, amendment, or repeal, it shall warn a new public hearing or hearings under subsection (a) of this section. If any part of the proposal is changed, the legislative body at least 10 days prior to the hearing shall file a copy of the changed proposal with the clerk of the municipality and with the planning commission. The planning commission shall amend the report prepared pursuant to subsection 4441(c) of this title to reflect the changes made by the legislative body and shall submit that amended report to the legislative body at or prior to the public hearing.
Routine adoption.
1. A bylaw, bylaw amendment, or bylaw repeal shall be adopted by a majority of the members of the legislative body at a meeting that is held after the final public hearing, and shall be effective 21 days after adoption unless, by action of the legislative body, the bylaw, bylaw amendment, or bylaw repeal is warned for adoption by the municipality by Australian ballot at a special or regular meeting of the municipality.
2. However, a rural town as defined in section 4303 of this chapter, by vote of that town at a special or regular meeting duly warned on the issue, may elect to require that bylaws, bylaw amendments, or bylaw repeals shall be adopted by vote of the town by Australian ballot at a special or regular meeting duly warned on the issue. That procedure shall then apply until rescinded by the voters at a regular or special meeting of the town.
Petition for popular vote. Notwithstanding subdivision (c)(1) of this section, a vote by the legislative body on a bylaw, amendment, or repeal shall not take effect if five percent of the voters of the municipality petition for a meeting of the municipality to consider the bylaw, amendment, or repeal, and the petition is filed within 20 days of the vote. In that case, a meeting of the municipality shall be duly warned for the purpose of acting by Australian ballot upon the bylaw, amendment, or repeal.
Multipurpose hearings. Nothing contained in this chapter shall be construed to prohibit any public hearing held under this chapter to be held for more than one purpose under this chapter. A municipality may prepare and adopt a plan, one or more bylaws, and a capital budget and program in the same proceedings. However, all the provisions of this chapter applicable to each purpose of the hearing shall be complied with.
Unorganized towns and gores. A bylaw, amendment, or repeal of a bylaw of an unorganized town or gore shall be adopted by a majority of votes cast at a meeting of the regional planning commission in which the unorganized town or gore is located at which a quorum is present. However, a bylaw, amendment, or repeal of a bylaw of the unified towns and gores of Essex County, namely Averill, Avery's Gore, Ferdinand, Lewis, Warner's Grant, and Warren's Gore, shall be adopted by the board of governors.
Time for action. If the proposed bylaw, amendment, or repeal is not approved or rejected under subsection (c) of this section within one year of the date of the final hearing of the planning commission, it shall be considered disapproved unless five percent of the voters of the municipality petition for a meeting of the municipality to consider the bylaw, amendment, or repeal, and the petition is filed within 60 days of the end of that year. In that case, a meeting of the municipality shall be duly warned for the purpose of acting upon the bylaw, amendment, or repeal by Australian ballot.
Added 2003, No. 115 (Adj. Sess.), § 100; amended 2005, No. 30 , § 2; 2005, No. 105 (Adj. Sess.), § 1, eff. April 5, 2006; 2007, No. 121 (Adj. Sess.), § 20; 2011, No. 155 (Adj. Sess.), § 15.

History

Former § 4442. Former § 4442 was derived from 1967, No. 334 (Adj. Sess.), § 1; amended by 1971, No. 257 (Adj. Sess.), § 16; 1983, No. 179 (Adj. Sess.); 1985, No. 7 , § 1; 1993, No. 232 (Adj. Sess.), § 11; and repealed by 2003, No. 115 (Adj. Sess.), § 119(d).

Amendments--2011 (Adj. Sess.). Subdiv. (c)(2): Substituted "as defined in section 4303 of this chapter" for "with a population of fewer than 2,500 persons".

Amendments--2007 (Adj. Sess.) Subdiv. (c)(1): Inserted "bylaw" preceding "amendment" and preceding "repeal" and added "unless, by action of the legislative body, the bylaw, bylaw amendment, or bylaw repeal is warned for adoption by the municipality by Australian ballot at a special or regular meeting of the municipality".

Subdiv. (c)(2): Substituted "with a population of fewer than 2,500 persons" for "by action of the legislative body or", and inserted "bylaws" preceding "bylaw amendments" and "bylaw" preceding "repeals" in the first sentence.

Amendments--2005 (Adj. Sess.). Subsec. (f): Pursuant to the general amendment in Act 105, § 1, substituted "unified towns and gores of Essex County" for "unorganized towns and gores of Essex County".

Amendments--2005 Subsec. (f): Inserted "a bylaw of" following "repeal of" in the first sentence, and added the second sentence.

Annotations From Former § 4442

1. Building inspector's powers.

Absent showing that building inspector was the administrative officer appointed to do so, pursuant to statute, by planning commission, it could not be said that he was charged with enforcement of city zoning ordinance. Preseault v. Wheel, 132 Vt. 247, 315 A.2d 244 (1974).

2. Discretion.

Town zoning administrator had no discretion as to whether to enforce zoning regulations. In re Fairchild, 159 Vt. 125, 616 A.2d 228 (1992).

Cited. Garzo v. Stowe Board of Adjustment, 144 Vt. 298, 476 A.2d 125 (1984).

§ 4443. Adoption, amendment, or repeal of capital budget and program.

Notwithstanding any other provision of this chapter, a capital budget and program may be adopted, amended, or repealed by the legislative body of a municipality following one or more public hearings, upon public notice, if a utility and facilities plan as described in subdivision 4382(a)(4) of this title has been adopted by the legislative body in accordance with sections 4384 and 4385 of this title. A copy of the proposed capital budget and program shall be filed at least 15 days prior to the final public hearing with the clerk of the municipality and the secretary of the planning commission. The planning commission may submit a report on the proposal to the legislative body prior to the public hearing.
The capital budget and program, or its amendment or repeal, shall be adopted or rejected by an act of the legislative body of a municipality promptly after the final public hearing held under subsection (a) of this section.
Added 2003, No. 115 (Adj. Sess.), § 100.

History

Former § 4441. Former § 4441 was derived from 1967, No. 334 (Adj. Sess.), § 1; amended by 1971, No. 257 (Adj. Sess.), § 17; 1973, No. 261 (Adj. Sess.), § 6; 1997, No. 125 (Adj. Sess.), § 3; 1999, No. 46 , § 5 and 2001, No. 44 , § 1; and repealed by 2003, No. 115 (Adj. Sess.), § 119(d).

Cross References

Cross references. Levy and payment of impact fees, see § 5200 et seq. of this title.

Annotations From Former § 4443

1. Constitutionality.

Subsection (d) of this section is unconstitutional as applied to consideration of permit applications filed after public notice, but before a town's adoption of amended zoning bylaws, and of applications filed after the town's adoption, but before the effective date of the adoption, of amended bylaws because it gives town selectboards unbridled discretion to decide whether to review applications under the old or new zoning bylaws, with no standards to limit the exercise of that discretion. In re Handy, 171 Vt. 336, 764 A.2d 1226 (2000).

2. Construction .

Intent of the provision that, following public notice of a proposed zoning bylaw amendment, a town administrator may not issue a permit regarding that amendment during the period between notice and the effective date of the adoption or rejection of the amendment, except with the written consent of the town's legislative body after public notice and hearing, is to create a "moratorium" on the issuance of permits for proposed projects whose status may be affected by pending amendments to zoning bylaws. In re Handy, 171 Vt. 336, 764 A.2d 1226 (2000).

3. Permit for prohibited use.

In issuing a permit under a zoning ordinance, municipal officials are discharging a governmental function and the unauthorized acts of such officials cannot estop the municipality from revoking a permit for a prohibited use. Maurice Callahan & Sons, Inc. v. Cooley, 126 Vt. 9, 220 A.2d 467 (1966), (Decided under prior law.)

A permit for a use prohibited by a valid zoning ordinance is void and subject to revocation. Maurice Callahan & Sons, Inc. v. Cooley, 126 Vt. 9, 220 A.2d 467 (1966).

A permit for a use prohibited by a valid zoning ordinance may be revoked notwithstanding that the permittee has acted upon it and made expenditures in reliance upon such permit. Maurice Callahan & Sons, Inc. v. Cooley, 126 Vt. 9, 220 A.2d 467 (1966).

4. Successive applications.

In order that there may be some finality to administrative determinations, successive applications to zoning authorities are required to be different in content or show that change in circumstances has intervened. In re Crescent Beach Assoc., 126 Vt. 140, 224 A.2d 915 (1966), (Decided under prior law.)

That successive zoning applications be different in content or show that change in circumstances has intervened is not to be technically and narrowly imposed, but yet enforced to extent that property interests may be settled and stable, and property owners protected from harassment. In re Crescent Beach Assoc., 126 Vt. 140, 224 A.2d 915 (1966), (Decided under prior law.)

5. Failure to obtain permits.

Issue of applicant for site plan approval's failure to obtain necessary permits prior to inception of development was not properly before Supreme Court on review of grant of site plan approval; neither the planning commission nor the Court was obligated to reject site plan on basis of prior, unpermitted development. In re Carrier, 155 Vt. 152, 582 A.2d 110 (1990).

6. Notice.

Provision of this section that no land development permits be issued between time of public notice of amendment of by-laws of municipal development plan and time of adoption or rejection of such amendment, did not apply to situation where plaintiff land developer's building permit renewal application was made February 20 and public notice of amendment was given by city council on March 10. Preseault v. Wheel, 132 Vt. 247, 315 A.2d 244 (1974).

Cited. Kedroff v. Town of Springfield, 127 Vt. 624, 256 A.2d 457 (1969); Mad River Valley Enterprises v. Town of Warren Board of Adjustment, 146 Vt. 126, 499 A.2d 759 (1985); In re Cumberland Farms, Inc., 151 Vt. 59, 557 A.2d 486 (1989); Phillips Construction Services, Inc. v. Town of Ferrisburg, 154 Vt. 483, 580 A.2d 50 (1990); In re Smith, 179 Vt. 636, 898 A.2d 1251 (mem.) (April 24, 2006).

§ 4444. Public hearing notice for adoption, amendment, or repeal of bylaw and other regulatory tools.

Any public notice required for public hearing under this subchapter shall be given not less than 15 days prior to the date of the public hearing by:
1. the publication of the date, place, and purpose of the hearing in a newspaper of general circulation in the municipality affected;
2. the posting of the same information in three or more public places within the municipality in conformance with location requirements of 1 V.S.A. § 312(c)(2) ; and
3. compliance with subsection (b) or (c) of this section.
A municipality may complete public notice commenced under subsection (a) of this section by publishing and posting the full text of the proposed material or by publishing and posting the following:
1. A statement of purpose.
2. A map or description of the geographic areas affected.
3. A table of contents or list of section headings.
4. A description of a place within the municipality where the full text may be examined.
As an alternative to the publication and posting provisions established under subsection (b) of this section, a municipality may make reasonable effort to mail or deliver copies of the full text or the material specified in subdivisions (b)(1) through (4) of this section, together with the public hearing notice of the proposed material and the public hearing notice to each voter, as evidenced by the voter checklist of the municipality, and to each owner of land within the municipality, as evidenced by the grand list of the municipality.
No defect in the form or substance of any public hearing notice under this chapter shall invalidate the adoption, amendment, or repeal of any plan, bylaw, or capital budget and program. However, the action shall be invalidated if the notice is materially misleading in content or fails to include one of the elements required by subsection (b) of this section or if the defect was the result of a deliberate or intentional act.
Added 2003, No. 115 (Adj. Sess.), § 100.

History

Former § 4444. Former § 4444 was derived from 1967, No. 334 (Adj. Sess.), § 1; amended by 1987, No. 161 (Adj. Sess.), § 1 and 1999, No. 46 , § 6; and repealed by 2003, No. 115 (Adj. Sess.), § 119(d).

Annotations From Former § 4444

1. Constitutionality.

Because the Legislature intended the fine authorized by 24 V.S.A. § 4444 to be a civil penalty and the fine was not so punitive in nature or effect to negate the Legislature's intent, landowner's constitutional rights were not violated where he was not allowed to present affirmative defenses or cross-examine witnesses, and the town was not required to prove the violation beyond a reasonable doubt. Town of Hinesburg v. Dunkling, 167 Vt. 514, 711 A.2d 1163 (1998).

2. Amount of fine.

The court did not exceed its authority by basing landowner's fine under 24 V.S.A. § 4444(a) upon town's attorney's fees and costs, as the fine was expressly limited to $50 per day and remained well within the statutory limits, and as the Legislature intended that the fine be civil and therefore remedial in nature. Town of Hinesburg v. Dunkling, 167 Vt. 514, 711 A.2d 1163 (1998).

In a zoning enforcement action, the court did not abuse its discretion by deducting $4000 from the civil fine imposed against landowner to help defray his costs in attempting to comply with the permit conditions and not permitting town to recover administrative and investigative costs. Town of Hinesburg v. Dunkling, 167 Vt. 514, 711 A.2d 1163 (1998).

3. Duration of daily fine.

Under this section, setting penalty for violations of zoning ordinance and explicitly stating that each day of violation constitutes a separate offense, trial court lacked discretion to impose cap limiting duration of days on which penalty could be imposed. Town of Sherburne v. Carpenter, 155 Vt. 126, 582 A.2d 145 (1990).

Where trial court erroneously contravened statutory mandate that each day of violation of zoning ordinance constituted a separate offense for purposes of imposition of fines by the court's setting a cap on overall fine to be paid by defendant, fine was reversed and remanded for reconsideration of amount of daily fine set by trial court. Town of Sherburne v. Carpenter, 155 Vt. 126, 582 A.2d 145 (1990).

4. Review.

Because owners of automotive garage failed to appeal zoning administrator's decision that they sold used cars in violation of town ordinance to zoning board of adjustment, they were bound by administrator's decision and therefore not able to raise defense of nonconforming use at Superior Court level. Town of Charlotte v. Richmond, 158 Vt. 354, 609 A.2d 638 (1992).

Provision stating that exclusive remedy of appeal from zoning administrator decision is to zoning board of adjustment has limited exception for constitutional challenges to zoning ordinance, but does not authorize constitutional attack on ordinance's application to particular facts. Town of Charlotte v. Richmond, 158 Vt. 354, 609 A.2d 638 (1992).

5. Power of court.

Trial court had authority to stay previous orders accumulating fines assessed against automotive garage owners based on violation of zoning ordinance. Town of Charlotte v. Richmond, 158 Vt. 354, 609 A.2d 638 (1992).

Trial court in zoning controversy lacked jurisdiction to entertain defense of nonconforming use and permit garage owners to sell cars on lot, since court was bound by zoning administrator's decision that owners were in violation of zoning ordinance. Town of Charlotte v. Richmond, 158 Vt. 354, 609 A.2d 638 (1992).

6. Proof of continuing violation.

Town was not required to produce evidence of a continuing violation for each and every day of period for which it sought penalties. In re Jewell, 169 Vt. 604, 737 A.2d 897 (mem.) (1999).

Cited. In re Cumberland Farms, Inc., 151 Vt. 59, 557 A.2d 486 (1989); In re Carrier, 155 Vt. 152, 582 A.2d 110 (1990); In re Meaker, 156 Vt. 182, 588 A.2d 1362 (1991); Village of Woodstock v. Bahramian, 160 Vt. 417, 631 A.2d 1129 (1993); In re Kostenblatt, 161 Vt. 292, 640 A.2d 39 (1994); Town of Randolph v. Estate of White, 166 Vt. 280, 693 A.2d 694 (1997); Bianchi v. Lorenz, 166 Vt. 555, 701 A.2d 1037 (1997); In re Letourneau, 168 Vt. 539, 726 A.2d 31 (1998); In re Sardi, 170 Vt. 623, 751 A.2d 772 (mem.) (2000).

§ 4445. Availability and distribution of documents.

Current copies of plans, bylaws, and capital budgets and programs shall be available to the public during normal business hours in the office of the clerk of any municipality in which those plans, bylaws, or capital budgets or programs have been adopted. The municipality shall provide all final adopted bylaws, amendments, or repeals to the regional planning commission of the area in which the municipality is located and to the Department of Commerce and Community Development, which may be done electronically, provided the sender has proof of receipt.

Added 2003, No. 115 (Adj. Sess.), § 100; amended 2017, No. 197 (Adj. Sess.), § 18.

History

Former § 4445. Former § 4445 was derived from 1967, No. 334 (Adj. Sess.), § 1 and repealed by 2003, No. 115 (Adj. Sess.), § 119(d).

Amendments--2017 (Adj. Sess.). In the second sentence, substituted "Department of Commerce and Community Development" for "Department of Housing and Community Affairs" and added ", which may be done electronically, provided the sender has proof of receipt" at the end.

Annotations From Former § 4445

1. Jurisdiction.

Superior Court had jurisdiction to hear town's request for injunction against alleged continuing violation of zoning ordinance. Town of Brighton v. Griffin, 148 Vt. 264, 532 A.2d 1292 (1987).

2. Issuance of injunction.

A trial court has only limited discretion to refuse to issue a mandatory injunction to enforce a zoning ordinance based on its balancing of the equities as, normally, public injury will be assumed to outweigh private cost; however, violation may be so insubstantial as to render enforcement inequitable, and an injunction may be an excessive remedy where the nonconforming use was constructed without knowledge of its noncompliance. Town of Sherburne v. Carpenter, 155 Vt. 126, 582 A.2d 145 (1990).

3. Trial of issues.

Where defendants alleged to have violated zoning ordinance sought to rebut the presumption of the ordinance's validity by motion to reopen case, made after close of evidence but before findings, to allow them to present evidence showing the ordinance to be null and void, chancellor could not resolve the question whether defendants violated the ordinance without first determining the validity of the ordinance, because facts sufficient to establish substantial compliance with the zoning enabling act were essential to the decree. Town of Charlotte v. Richter, 128 Vt. 270, 262 A.2d 444 (1970).

4. Mandamus.

A zoning administrator is statutorily bound to enforce a municipality's zoning bylaws, but the nature of the remedy sought is discretionary; thus, an administrator has the discretion to initiate any appropriate action, injunction, or other proceeding to prevent, restrain, correct, or abate a violation. Richardson v. City of Rutland, 164 Vt. 422, 671 A.2d 1245 (1995).

Where the zoning administrator pursued a remedy within his discretion, and it could not be said that he failed to act or perform a duty imposed by law, the court acted properly in dismissing the mandamus claim. Richardson v. City of Rutland, 164 Vt. 422, 671 A.2d 1245 (1995).

Petitioners, adjacent landowners and interested persons, were entitled to writ of mandamus to compel town zoning administrator to enjoin property owners from using their property in violation of town zoning regulations; since property had been developed in violation of Superior Court order, State law, and town zoning regulations, petitioners were affected by violations and entitled to action sought in writ, writ sought enforcement of ministerial duties, and there was no other adequate remedy at law. In re Fairchild, 159 Vt. 125, 616 A.2d 228 (1992).

Cited. Garzo v. Stowe Board of Adjustment, 144 Vt. 298, 476 A.2d 125 (1984); In re Cumberland Farms, Inc., 151 Vt. 59, 557 A.2d 486 (1989); In re Carrier, 155 Vt. 152, 582 A.2d 110 (1990); In re Meaker, 156 Vt. 182, 588 A.2d 1362 (1991); In re Kostenblatt, 161 Vt. 292, 640 A.2d 39 (1994); Town of Randolph v. Estate of White, 166 Vt. 280, 693 A.2d 694 (1997); In re Letourneau, 168 Vt. 539, 726 A.2d 31 (1998); In re Letourneau, 168 Vt. 539, 726 A.2d 31 (1998).

§ 4445a. Repealed. 2003, No. 115 (Adj. Sess.), § 119(c).

History

Former § 4445a. Former § 4445a, relating to challenges to housing provisions, was derived from 1981, No. 132 (Adj. Sess.), § 14a.

§ 4446. Bylaws; effect of adoption.

Within the jurisdiction of any municipality that has adopted any of the bylaws authorized by this chapter, no land development may be undertaken or effected except in conformance with those bylaws. Bylaws authorized by this chapter may specify for exclusion from review any land development determined to impose no impact or merely a de minimus impact on the surrounding area and the overall pattern of land development.

Added 2003, No. 115 (Adj. Sess.), § 100.

History

Former § 4446. Former § 4446 was derived from 1967, No. 334 (Adj. Sess.), § 1; amended by 1975, No. 164 (Adj. Sess.), § 7 and 1993, No. 232 (Adj. Sess.), § 12; and repealed by 2003, No. 115 (Adj. Sess.), § 119(d).

§ 4447. Clerk's certificate.

A certificate of the clerk of a municipality showing the publication, posting, consideration, and adoption or amendment of a plan, bylaw, or capital budget or program shall be presumptive evidence of the facts as they relate to the lawful adoption or amendment of that plan, bylaw, or capital budget or program, so stated in any action or proceeding in court or before any board, commission, or other tribunal.

Added 2003, No. 115 (Adj. Sess.), § 100.

History

Former § 4447. Former § 4447 was derived from 1967, No. 334 (Adj. Sess.), § 1; amended by 1975, No. 164 (Adj. Sess.), § 8 and 1981, No. 132 (Adj. Sess.), § 15; and repealed by 2003, No. 115 (Adj. Sess.), § 119(d).

Annotations From Former § 4447

1. Purpose.

The aim of this section is to notify all interested persons of what action is proposed and to afford them reasonable opportunity to present facts and arguments, either in support or protest of the action proposed. Town of Mendon v. Ezzo, 129 Vt. 351, 278 A.2d 726 (1971).

2. Written material.

Where there was nothing to indicate that zoning regulations had progressed to the point of inscription at time the notice of the public hearing was given, then, for the purpose of emergency zoning, there was no occasion under the statute to designate a place where the written material could be examined. Town of Mendon v. Ezzo, 129 Vt. 351, 278 A.2d 726 (1971).

Cited. In re Fish, 150 Vt. 462, 554 A.2d 256 (1988).

§ 4448. Appointment and powers of administrative officer.

An administrative officer, who may hold any other office in the municipality other than membership in the board of adjustment or development review board, shall be nominated by the planning commission and appointed by the legislative body for a term of three years promptly after the adoption of the first bylaws or when a vacancy exists. The compensation of the administrative officer shall be fixed under sections 932 and 933 of this title, and the officer shall be subject to the personnel rules of the municipality adopted under sections 1121 and 1122 of this title. The administrative officer shall administer the bylaws literally and shall not have the power to permit any land development that is not in conformance with those bylaws. An administrative officer may be removed for cause at any time by the legislative body after consultation with the planning commission.
The planning commission may nominate and the legislative body may appoint an acting administrative officer who shall have the same duties and responsibilities as the administrative officer in the administrative officer's absence. If an acting administrative officer position is established, or, for municipalities that establish the position of assistant administrative officer, there shall be clear policies regarding the authority of the administrative officer in relation to the acting or assistant officer.
The administrative officer should provide an applicant with forms required to obtain any municipal permit or other municipal authorization required under this chapter, or under other laws or ordinances that relate to the regulation by municipalities of land development. If other municipal permits or authorizations are required, the administrative officer should coordinate a unified effort on behalf of the municipality in administering its development review programs. The administrative officer should inform any person applying for municipal permits or authorizations that the person should contact the regional permit specialist employed by the Agency of Natural Resources in order to assure timely action on any related State permits; nevertheless, the applicant retains the obligation to identify, apply for, and obtain relevant State permits.
If the administrative officer fails to act with regard to a complete application for a permit within 30 days, whether by issuing a decision or by making a referral to the appropriate municipal panel, a permit shall be deemed issued on the 31st day.
Added 2003, No. 115 (Adj. Sess.), § 100.

History

Former § 4448. Former § 4448 was derived from 1967, No. 334 (Adj. Sess.), § 1; amended by 1975, No. 164 (Adj. Sess.), § 9; and repealed by 2003, No. 115 (Adj. Sess.), § 119(d).

ANNOTATIONS

Analysis

1. Complete application.
2. Deemed approval.

1. Complete application.

Letter asking the zoning administrator to forward the necessary applications and an associated fee amount, unaccompanied by an application fee, was plainly not a complete permit application. Even if it could be considered a complete application, the letter was sent more than six months after the permit expired, and the landowner did not seek the required conditional use and site plan approval. In re Wood NOV, 194 Vt. 190, 75 A.3d 568 (2013).

2. Deemed approval.

Environmental Division properly found that a zoning application had not been deemed approved. A city planner notified the applicant within five days of receiving his application that a permit could not issue because the proposed modifications would violate the historic preservation regulations of the city's zoning ordinance, and offered him the options of submitting a revised application or meeting with the design advisory board; the zoning administrator therefore complied with the statute and the city's zoning ordinance by issuing a decision on the permit application within thirty days. In re Bjerke Zoning Permit Denial, 195 Vt. 586, 93 A.3d 82 (2014).

§ 4449. Zoning permit, certificate of occupancy, and municipal land use permit.

Within any municipality in which any bylaws have been adopted:
1. No land development may be commenced within the area affected by the bylaws without a permit issued by the administrative officer. No permit may be issued by the administrative officer except in conformance with the bylaws. When an application for a municipal land use permit seeks approval of a structure, the administrative officer shall provide the applicant with a copy of the applicable building energy standards under 30 V.S.A. §§ 51 (residential building energy standards) and 53 (commercial building energy standards). However, the administrative officer need not provide a copy of the standards if the structure is a sign or a fence or the application certifies that the structure will not be heated or cooled. In addition, the administrative officer may provide a copy of the Vermont Residential Building Energy Code Book published by the Department of Public Service in lieu of the full text of the residential building energy standards.
2. If the bylaws so adopted so provide, it shall be unlawful to use or occupy or permit the use or occupancy of any land or structure, or part thereof, created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure after the effective date of this chapter, within the area affected by those bylaws, until a certificate of occupancy is issued therefor by the administrative officer, stating that the proposed use of the structure or land conforms to the requirements of those bylaws. Provision of a certificate as required by 30 V.S.A. § 51 (residential building energy standards) or 53 (commercial building energy standards) shall be a condition precedent to the issuance of any such certificate of occupancy.
3. No permit issued pursuant to this section shall take effect until the time for appeal in section 4465 of this title has passed, or in the event that a notice of appeal is properly filed, no such permit shall take effect until adjudication of that appeal by the appropriate municipal panel is complete and the time for taking an appeal to the Environmental Division has passed without an appeal being taken. If an appeal is taken to the Environmental Division, the permit shall not take effect until the Environmental Division rules in accordance with 10 V.S.A. § 8504 on whether to issue a stay, or until the expiration of 15 days, whichever comes first.
Each permit issued under this section shall contain a statement of the period of time within which an appeal may be taken and shall require posting of a notice of permit on a form prescribed by the municipality within view from the public right-of-way most nearly adjacent to the subject property until the time for appeal in section 4465 of this title has passed. Within three days following the issuance of a permit, the administrative officer shall:
1. deliver a copy of the permit to the listers of the municipality; and
2. post a copy of the permit in at least one public place in the municipality until the expiration of 15 days from the date of issuance of the permit.
1. Within 30 days after a municipal land use permit has been issued or within 30 days of the issuance of any notice of violation, the appropriate municipal official shall: (c) (1) Within 30 days after a municipal land use permit has been issued or within 30 days of the issuance of any notice of violation, the appropriate municipal official shall:
  1. deliver the original or a legible copy of the municipal land use permit or notice of violation or a notice of municipal land use permit generally in the form set forth in subsection 1154(c) of this title to the town clerk for recording as provided in subsection 1154(a) of this title; and
  2. file a copy of that municipal land use permit in the offices of the municipality in a location where all municipal land use permits shall be kept.
2. The municipal officer may charge the applicant for the cost of the recording fees as required by law.
If a public notice for a first public hearing pursuant to subsection 4442(a) of this title is issued under this chapter by the local legislative body with respect to the adoption or amendment of a bylaw, or an amendment to an ordinance adopted under prior enabling laws, the administrative officer, for a period of 150 days following that notice, shall review any new application filed after the date of the notice under the proposed bylaw or amendment and applicable existing bylaws and ordinances. If the new bylaw or amendment has not been adopted by the conclusion of the 150-day period or if the proposed bylaw or amendment is rejected, the permit shall be reviewed under existing bylaws and ordinances. An application that has been denied under a proposed bylaw or amendment that has been rejected or that has not been adopted within the 150-day period shall be reviewed again, at no cost, under the existing bylaws and ordinances, upon request of the applicant. Any determination by the administrative officer under this section shall be subject to appeal as provided in section 4465 of this title.
Beginning October 1, 2010, any application for an approval or permit and any approval or permit issued under this section shall include a statement, in content and form approved by the Secretary of Natural Resources, that State permits may be required and that the permittee should contact State agencies to determine what permits must be obtained before any construction may commence.
Added 2003, No. 115 (Adj. Sess.), § 100; amended 2009, No. 146 (Adj. Sess.), § F27; 2009, No. 154 (Adj. Sess.), § 236; 2013, No. 89 , §§ 9, 11.

History

Former § 4449. Former § 4449 was derived from 1993, No. 232 (Adj. Sess.), § 47 and repealed by 2003, No. 115 (Adj. Sess.), § 119(d).

Amendments--2013. Subdiv. (a)(1): Added the third through fifth sentences.

Subdiv. (a)(2): Added the second sentence.

Amendments--2009 (Adj. Sess.) Subdiv. (a)(3): Substituted "environmental division" for "environmental court" three times by Act No. 154.

Subsec. (e): Added by Act No. 146.

ANNOTATIONS

1. Review of applications.

Appellant's sketch plan application could not vest a right to consideration under then existing zoning laws for subsequent final site plan approval or a zoning permit application; rights vested under a preliminary application do not extend to subsequent applications of a more detailed nature, accordingly, because of the different nature of the sketch plan application and the site plan application filed later, the earlier application could not vest a right to consideration under pre-amendment zoning laws. In re Champlain Oil Co., 176 Vt. 458, 852 A.2d 622 (mem.) (2004), (Decided under prior law.)

§ 4450. Eligibility to apply for permits.

Municipalities and solid waste management districts empowered to condemn property or an interest in property may apply for any permit or approval required by any bylaws adopted under this chapter.

Added 2003, No. 115 (Adj. Sess.), § 101.

§ 4451. Enforcement; penalties.

Any person who violates any bylaw after it has been adopted under this chapter or who violates a comparable ordinance or regulation adopted under prior enabling laws shall be fined not more than $200.00 for each offense. No action may be brought under this section unless the alleged offender has had at least seven days' warning notice by certified mail. An action may be brought without the seven-day notice and opportunity to cure if the alleged offender repeats the violation of the bylaw or ordinance after the seven-day notice period and within the next succeeding 12 months.
1. The seven-day warning notice shall state that a violation exists, that the alleged offender has an opportunity to cure the violation within the seven days, and that the alleged offender will not be entitled to an additional warning notice for a violation occurring after the seven days.
2. A notice of violation issued under this chapter also shall state:
  1. the bylaw or municipal land use permit condition alleged to have been violated;
  2. the facts giving rise to the alleged violation;
  3. to whom appeal may be taken and the period of time for taking an appeal; and
  4. that failure to file an appeal within that period will render the notice of violation the final decision on the violation addressed in the notice.
3. In default of payment of the fine, the person, the members of any partnership, or the principal officers of the corporation shall each pay double the amount of the fine. Each day that a violation is continued shall constitute a separate offense. All fines collected for the violation of bylaws shall be paid over to the municipality whose bylaw has been violated.
Any person who, being the owner or agent of the owner of any lot, tract, or parcel of land, lays out, constructs, opens, or dedicates any street, sanitary sewer, storm sewer, water main, or other improvements for public use, travel, or other purposes or for the common use of occupants of buildings abutting thereon, or sells, transfers, or agrees or enters into an agreement to sell any land in a subdivision or land development whether by reference to or by other use of a plat of that subdivision or land development or otherwise, or erects any structure on that land, unless a final plat has been prepared in full compliance with this chapter and the bylaws adopted under this chapter and has been recorded as provided in this chapter, shall be fined not more than $200.00, and each lot or parcel so transferred or sold or agreed or included in a contract to be sold shall be deemed a separate violation. All fines collected for these violations shall be paid over to the municipality whose bylaw has been violated. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the seller or transferor from these penalties or from the remedies provided in this chapter.
Added 2003, No. 115 (Adj. Sess.), § 101; amended 2011, No. 155 (Adj. Sess.), § 3; 2013, No. 146 (Adj. Sess.), § 10, eff. May 27, 2014.

History

Amendments--2013 (Adj. Sess.). Subsec. (a): Added the subdivs. (1) and (3) designations, and added subdiv. (2).

Amendments--2011 (Adj. Sess.). Subsecs. (a) and (b): Substituted "$200.00" for "$100.00" in the first sentence.

ANNOTATIONS

1. Penalty proper.

Penalty of $63,142 for changing the use of a home from a single-family residence to a rooming and boarding house was proper. It was well below the amount allowed by statute, and the homeowner had ample opportunity to cure the violation following notice from the town. 24 V.S.A. § 4451(a). In re Beliveau NOV, 194 Vt. 1, 72 A.3d 918 (2013).

§ 4452. Enforcement; remedies.

If any street, building, structure, or land is or is proposed to be erected, constructed, reconstructed, altered, converted, maintained, or used in violation of any bylaw adopted under this chapter, the administrative officer shall institute in the name of the municipality any appropriate action, injunction, or other proceeding to prevent, restrain, correct, or abate that construction or use, or to prevent, in or about those premises, any act, conduct, business, or use constituting a violation. A court action under this section may be initiated in the Environmental Division, or as appropriate, before the Judicial Bureau, as provided under section 1974a of this title.

Added 2003, No. 115 (Adj. Sess.), § 101; amended 2009, No. 154 (Adj. Sess.), § 236.

History

Amendments--2009 (Adj. Sess.) Substituted "environmental division" for "environmental court."

§ 4453. Challenges to housing provisions in bylaws.

The Attorney General or a designee shall investigate when there is a complaint that a bylaw or its manner of administration violates subdivision 4412(1) of this title, relating to equal treatment of housing and adequate provision of affordable housing. Upon determining that a violation has occurred, the Attorney General may file an action in the Environmental Division to challenge the validity of the bylaw or its manner of administration. In this action, the municipality shall have the burden of proof to establish by a preponderance of the evidence that the challenged bylaw or its manner of administration does not violate the provisions of subdivision 4412(1) of this title. If the Division finds the bylaw or its administration to be in violation, it shall grant the municipality a reasonable period of time to correct the violation and may extend that time. If the violation continues after that time, the Division shall order the municipality to grant all requested permits and certificates of occupancy for housing relating to the area of continuing violation.

Added 2003, No. 115 (Adj. Sess.), § 101; amended 2009, No. 154 (Adj. Sess.), § 236.

History

Amendments--2009 (Adj. Sess.) Substituted "environmental division" for "environmental court."

§ 4454. Enforcement; limitations.

An action, injunction, or other enforcement proceeding relating to the failure to obtain or comply with the terms and conditions of any required municipal land use permit may be instituted under section 1974a, 4451, or 4452 of this title against the alleged offender if the action, injunction, or other enforcement proceeding is instituted within 15 years from the date the alleged violation first occurred and not thereafter, except that the 15-year limitation for instituting an action, injunction, or enforcement proceeding shall not apply to any action, injunction, or enforcement proceeding instituted for a violation of chapter 61, subchapter 10. The burden of proving the date the alleged violation first occurred shall be on the person against whom the enforcement action is instituted.
No action, injunction, or other enforcement proceeding may be instituted to enforce an alleged violation of a municipal land use permit that received final approval from the applicable board, commissioner, or officer of the municipality after July 1, 1998, unless the municipal land use permit or a notice of the permit generally in the form provided for in subsection 1154(c) of this title was recorded in the land records of the municipality as required by subsection 4449(c) of this title.
Nothing in this section shall prevent any action, injunction, or other enforcement proceeding by a municipality under any other authority it may have, including a municipality's authority under Title 18, relating to the authority to abate or remove public health risks or hazards.
1. As used in this section, "person" means any of the following: (d) (1) As used in this section, "person" means any of the following:
  1. An individual, partnership, corporation, association, unincorporated organization, trust, or other legal or commercial entity, including a joint venture or affiliated ownership.
  2. A municipality or State agency.
  3. Individuals and entities affiliated with each other for profit, consideration, or any other beneficial interest derived from real estate.
2. The following individuals and entities shall be presumed not to be affiliated with a person for the purpose of profit, consideration, or other beneficial interest within the meaning of this section, unless there is substantial evidence of an intent to evade the purposes of this section:
  1. A stockholder in a corporation shall be presumed not to be affiliated with a person solely on the basis of being a stockholder if the stockholder owns, controls, or has a beneficial interest in less than five percent of the outstanding shares in the corporation.
  2. An individual shall be presumed not to be affiliated with a person solely for actions taken as an agent of another within the normal scope of duties of a court-appointed guardian, licensed attorney, real estate broker or salesperson, engineer, or land surveyor, unless the compensation received or beneficial interest obtained as a result of these duties indicates more than an agency relationship.
  3. A seller or chartered lending institution shall be presumed not to be affiliated with a person solely for financing all or a portion of the purchase price at rates not substantially higher than prevailing lending rates in the community.
    Added 2003, No. 115 (Adj. Sess.), § 101; amended 2009, No. 93 (Adj. Sess.), § 3a.

History

Amendments--2009 (Adj. Sess.) Subsec. (a): Made a minor stylistic change and added "except that the 15-year limitation for instituting an action, injunction, or enforcement proceeding shall not apply to any action, injunction, or enforcement proceeding instituted for a violation of subchapter 10 of chapter 61 of this title" in the first sentence.

ANNOTATIONS

1. Applicability .

Statute of limitations governing municipal land-use violations applies to all municipal land-use violations, including use violations. Thus, a city was time-barred from issuing a notice of violation against a property owner for a use violation. In re 204 North Avenue NOV, - Vt. - , 218 A.3d 24 (Aug. 30, 2019).

Property owner failed in its complaint that, because a dumpster was maintained in the disputed location for over fifteen years, the city's attempt at enforcing a violation was barred by the limitations period in this section; the section did not shield the owners from an enforcement action because there was no basis for the city to allege a violation until the date when service areas were created and the disputed area was designated as proposed storage. In re Tekram Partners, 178 Vt. 628, 883 A.2d 1160 (mem.) (July 28, 2005).

§ 4455. Revocation.

On petition by the municipality and after notice and opportunity for hearing, the Environmental Division may revoke a municipal land use permit issued under this chapter, including a permit for a telecommunications facility, on a determination that the permittee violated the terms of the permit or obtained the permit based on misrepresentation of material fact.

Added 2009, No. 54 , § 47, eff. June 1, 2009; amended 2009, No. 154 (Adj. Sess.), § 236.

History

Amendments--2009 (Adj. Sess.) Substituted "environmental division" for "environmental court."

Subchapter 10. Appropriate Municipal Panels

History

Applicability of enactment. 2003, No. 115 (Adj. Sess.), § 119(a), as amended by 2003, No. 122 (Adj. Sess.), § 296, provided: "Secs. 82 through 109 of this act pertaining to local planning and bylaws shall take effect July 1, 2004, except as provided in 24 V.S.A. § 4481." 24 V.S.A. § 4481 provides: "The amendment of this chapter [chapter 117] and the repeal of prior enabling laws relating to zoning ordinances, subdivision regulations, or bylaws or any ordinance or regulation similar to a bylaw authorized by this chapter shall not invalidate any zoning ordinance, subdivision regulation, or bylaw or any such ordinance or regulation enacted under those prior enabling laws, except as follows. Effective September 1, 2005, the provisions of sections 4412 and 4413 of this title, and the provisions of subchapters 9, 10, and 11 of this chapter and the related definitions in section 4302 of this title, shall control over any inconsistent municipal regulations, ordinances or bylaws. With respect to other provisions of this chapter, any previously enacted zoning ordinance, subdivision regulation, bylaw, or such similar ordinance or regulation shall be amended to conform with the provisions of this chapter by September 1, 2011."

§ 4460. Appropriate municipal panels.

If a municipality establishes a development review board and appoints members to that board, the development review board in that municipality, until its existence is terminated by act of the legislative body, shall exercise all of the functions otherwise exercised under this chapter by the board of adjustment. It also shall exercise the specified development review functions otherwise exercised under this chapter by the planning commission. In municipalities that have created development review boards, the planning commission shall continue to exercise its planning and bylaw development functions and other duties established under this chapter. In situations where this chapter refers to functions that may be performed by a development review board or a planning commission or functions that may be performed by a development review board or a board of adjustment, it is intended that the function in question shall be performed by the development review board if one exists and by the other specified body if a development review board does not exist.
The board of adjustment or the development review board for a rural town or an urban municipality may consist of the members of the planning commission of that town or may include one or more members of the planning commission. The board of adjustment for a rural town or an urban municipality shall consist of not fewer than three nor more than nine persons, as the legislative body of the municipality determines, appointed by the legislative body of the municipality promptly after the first adoption of a bylaw by the municipality. If the legislative body of a municipality creates a development review board to perform all development review functions under this chapter, that board shall consist of not fewer than five nor more than nine persons, as the legislative body of the municipality determines, appointed by the legislative body of the municipality. A municipality may not have a board of adjustment and a development review board at the same time. Upon creation of a development review board, the existence of any board of adjustment shall terminate.
In the case of an urban municipality or of a rural town where the planning commission does not serve as the board of adjustment or the development review board, members of the board of adjustment or the development review board shall be appointed by the legislative body, the number and terms of office of which shall be determined by the legislative body subject to the provisions of subsection (a) of this section. The municipal legislative body may appoint alternates to a planning commission, a board of adjustment, or a development review board for a term to be determined by the legislative body. Alternates may be assigned by the legislative body to serve on the planning commission, the board of adjustment, or the development review board in situations when one or more members of the board are disqualified or are otherwise unable to serve. Vacancies shall be filled by the legislative body for the unexpired terms and upon the expiration of such terms. Each member of a board of adjustment or a development review board may be removed for cause by the legislative body upon written charges and after public hearing. If a development review board is created, provisions of this subsection regarding removal of members of the board of adjustment shall not apply.
A joint board of adjustment or development review board may be created upon the act of each legislative body of those municipalities having joint planning commissions as provided in section 4327 of this title. The joint board of adjustment or development review board for these participating municipalities shall consist of persons who would have been the members of the board of adjustment or development review board of each of those municipalities. Joint entities created under this subsection may include a board of adjustment and a development review board, if those different entities exist in the participating municipalities.
The following review functions shall be performed by the appropriate municipal panel authorized by a municipality as specified in the municipal bylaws and in accordance with this chapter, whether a zoning board of adjustment, planning commission, or development review board. Unless the matter is an appeal from the decision of the administrative officer, the matter shall come before the panel by referral from the administrative officer. Any such referral decision shall be appealable as a decision of the administrative officer.
1. review of right-of-way or easement for land development without frontage as authorized in subdivision 4412(3) of this title;
2. review of land development or use within an historic district or with respect to historic landmarks as authorized in subdivision 4414(1)(F) of this title;
3. review of land development or use within a design control district as authorized in subdivision 4414(1)(E) of this title;
4. review of proposed conditional uses as authorized in subdivision 4414(3) of this title;
5. review of planned unit developments as authorized in section 4417 of this title;
6. review of requests for waivers as authorized in subdivision 4414(9) of this title;
7. site plan review as authorized in section 4416 of this title;
8. review of proposed subdivisions as authorized in section 4418 of this title;
9. review of wireless telecommunications facilities as authorized in subdivision 4414(12) of this title;
10. appeals from a decision of the administrative officer pursuant to section 4465 of this title;
11. review of requests for variances pursuant to section 4469 of this title;
12. any other reviews required by the bylaws.
  Added 2003, No. 115 (Adj. Sess.), § 103; amended 2013, No. 162 (Adj. Sess.), § 9.

History

2005. Corrected cross reference related to wireless communication facilities in subdiv. (e)(9) from "4414(13)" to 4414(12)".

Amendments--2013 (Adj. Sess.). Subsec. (c): Inserted "a planning commission," following "may appoint alternates to", "planning commission, the" following "legislative body to serve on the".

§ 4461. Development review procedures.

Meetings. An appropriate municipal panel shall elect its own officers and adopt rules of procedure, subject to this section and other applicable State statutes, and shall adopt rules of ethics with respect to conflicts of interest. Meetings of any appropriate municipal panel shall be held at the call of the chairperson and at such times as the panel may determine. The officers of the panel may administer oaths and compel the attendance of witnesses and the production of material germane to any issue under review. All meetings of the panel, except for deliberative and executive sessions, shall be open to the public. The panel shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating this, and shall keep records of its examinations and other official actions, all of which shall be filed immediately in the office of the clerk of the municipality as a public record. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of the members of the panel, and any action of the panel shall be taken by the concurrence of a majority of the panel.
Information gathering and record of participation by interested persons. An appropriate municipal panel in connection with any proceeding under this chapter may examine or cause to be examined any property, maps, books, or records bearing upon the matters concerned in that proceeding, may require the attendance of any person having knowledge in the premises, may take testimony and require proof material for its information, and may administer oaths or take acknowledgment in respect of those matters. Any of the powers granted to an appropriate municipal panel by this subsection may be delegated by it to a specifically authorized agent or representative, except in situations where the Municipal Administrative Procedure Act applies. In any hearing, there shall be an opportunity for each person wishing to achieve status as an interested person under subsection 4465(b) of this title to demonstrate that the criteria set forth in that subsection are met, and the panel shall keep a written record of the name, address, and participation of each of these persons.
Expenditures for service. An appropriate municipal panel may employ or contract for secretaries, clerks, legal counsel, consultants, and other technical and clerical services. All members of an appropriate municipal panel may be compensated for the performance of their duties and may be reimbursed by their municipality for necessary and reasonable expenses.
Added 2003, No. 115 (Adj. Sess.), § 104.

History

Former § 4461. Former § 4461 was derived from 1967, No. 334 (Adj. Sess.), § 1; amended by 1969, No. 116 , § 10 and 1993, No. 232 (Adj. Sess.), § 13; and repealed by 2003, No. 115 (Adj. Sess.), § 119(d).

Cross References

Cross references. Functions exercised by development review board, see § 4401 of this title.

Annotations From Former § 4461

1. Nature of board.

Generally a board of adjustment is a board of layman carrying out a proceeding intended to offer redress without insistence on technical procedural rules. In re Crescent Beach Assoc., 126 Vt. 140, 224 A.2d 915 (1966). (Decided under prior law.)

Boards of adjustment are quasi-judicial bodies having quasi-judicial functions and duties. Thompson v. Smith, 119 Vt. 488, 129 A.2d 638 (1956), (Decided under prior law.) In re Willey, 120 Vt. 359, 140 A.2d 11 (1958).

Cited. Nash v. Warren Zoning Board of Adjustment, 153 Vt. 108, 569 A.2d 447 (1989).

Law review commentaries

Law review. Zoning variance administration in Vermont, see 8 Vt. L. Rev. 371 (1983).

§ 4462. Combined review.

If more than one type of review is required for a project, the reviews, to the extent feasible, shall be conducted concurrently. A process defining the sequence of review and issuance of decisions shall be defined in the bylaw.

Added 2003, No. 115 (Adj. Sess.), § 104.

History

Former § 4462. Former § 4462 was derived from 1967, No. 334 (Adj. Sess.), § 1; amended by 1969, No. 116 , § 14; and repealed by 2003, No. 115 (Adj. Sess.), § 119(d).

Annotations From Former § 4462

1. Minutes.

Although this section directs a board to keep minutes, there is no requirement for specific findings. In re Crescent Beach Assoc., 126 Vt. 140, 224 A.2d 915 (1966), (Decided under prior law.)

2. Restrictions.

Board of zoning adjustment cannot arbitrarily review its own decisions or revoke action finally taken without notice or hearing. Thompson v. Smith, 119 Vt. 488, 129 A.2d 638 (1956), (Decided under prior law.)

3. Quorum.

The zoning board "rendered its decision" when it issued a written decision by less than a statutorily-required majority, only five of its seven members being present - three voting against the variance request by a business, one for, and one abstaining - as the outcome could not have changed by the involvement of the other two board members; therefore, the business was not entitled to a permit by operation of law under the provision which provides that a permit is deemed approved when the board fails to act. In re Newton Enterprises, 167 Vt. 459, 708 A.2d 914 (1998).

Cited. In re 66 North Main Street, 145 Vt. 1, 481 A.2d 1053 (1984); Nash v. Warren Zoning Board of Adjustment, 153 Vt. 108, 569 A.2d 447 (1989); Granger Enterprises v. City of Rutland, 156 Vt. 644, 590 A.2d 883 (mem.) (1991); In re Lionni, 160 Vt. 625, 648 A.2d 832 (mem.) (1993); In re Dunnett, 172 Vt. 196, 776 A.2d 406 (2000).

§ 4463. Subdivision review.

Approval of plats. Before any plat is approved, a public hearing on the plat shall be held by the appropriate municipal panel after public notice. A copy of the notice shall be sent to the clerk of an adjacent municipality, in the case of a plat located within 500 feet of a municipal boundary, at least 15 days prior to the public hearing.
Plat; record. The approval of the appropriate municipal panel shall expire 180 days from that approval or certification unless, within that 180-day period, that plat shall have been duly filed or recorded in the office of the clerk of the municipality. After an approved plat or certification by the clerk is filed, no expiration of that approval or certification shall be applicable.
1. The bylaw may allow the administrative officer to extend the date for filing the plat by an additional 90 days, if final local or State permits or approvals are still pending.
2. No plat showing a new street or highway may be filed or recorded in the office of the clerk of the municipality until it has been approved by the appropriate municipal panel, and that approval is endorsed in writing on the plat, or the certificate of the clerk of the municipality showing the failure of the appropriate municipal panel to take action within the 45-day period is attached to the plat and filed or recorded with the plat. After that filing or recording, the plat shall be a part of the official map of the municipality.
Acceptance of streets; improvements. Every street or highway shown on a plat filed or recorded as provided in this chapter shall be deemed to be a private street or highway until it has been formally accepted by the municipality as a public street or highway by ordinance or resolution of the legislative body of the municipality. No public municipal street, utility, or improvement may be constructed by the municipality in or on any street or highway until it has become a public street or highway as provided in this section. The legislative body shall have authority after a public hearing on the subject to name and rename all public streets and to number and renumber lots so as to provide for existing as well as future structures.
Beginning October 1, 2010, any application for an approval and any approval issued under this section shall include a statement, in content and form approved by the Secretary of Natural Resources, that State permits may be required and that the permittee should contact State agencies to determine what permits must be obtained before any construction may commence.
Whenever a proposed subdivision is adjacent to a State highway, the application for subdivision approval shall include a letter from the Agency of Transportation confirming that the Agency has reviewed the proposed subdivision and determined whether a permit is required under 19 V.S.A. § 1111 . If the Agency determines that a permit for the proposed subdivision is required under 19 V.S.A. § 1111 , then the letter from the Agency shall set out any conditions that the Agency proposes to attach to the permit required under 19 V.S.A. § 1111.
Added 2003, No. 115 (Adj. Sess.), § 104; amended 2009, No. 146 (Adj. Sess.), § F28; 2021, No. 55 , § 37.

History

Former § 4463. Former § 4463 was derived from 1967, No. 334 (Adj. Sess.), § 1; amended by 1993, No. 232 (Adj. Sess.), § 15; and repealed by 2003, No. 115 (Adj. Sess.), § 119(d).

Amendments--2021. Subsec. (e): Added.

Amendments--2009 (Adj. Sess.) Subsec. (d): Added.

§ 4464. Hearing and notice requirements; decisions and conditions; administrative review; role of advisory commissions in development review.

Notice procedures. All development review applications before an appropriate municipal panel under procedures set forth in this chapter shall require notice as follows.
1. A warned public hearing shall be required for conditional use review, variances, administrative officer appeals, and final plat review for subdivisions. Any public notice for a warned public hearing shall be given not less than 15 days prior to the date of the public hearing by all the following:
  1. Publication of the date, place, and purpose of the hearing in a newspaper of general circulation in the municipality affected.
  2. Posting of the same information in three or more public places within the municipality in conformance with location requirements of 1 V.S.A. § 312(c)(2) , including posting within view from the public right-of-way most nearly adjacent to the property for which an application is made.
  3. Written notification to the applicant and to owners of all properties adjoining the property subject to development, including the owners of properties which would be contiguous to the property subject to development but for the interposition of a highway or other public right-of-way and, in any situation in which a variance is sought regarding setbacks from a State highway, also including written notification to the Secretary of Transportation. The notification shall include a description of the proposed project and shall be accompanied by information that clearly informs the recipient where additional information may be obtained, and that participation in the local proceeding is a prerequisite to the right to take any subsequent appeal.
2. Public notice for hearings on all other types of development review, including site plan review, shall be given not less than seven days prior to the date of the public hearing, and shall include at a minimum all the following:
  1. Posting of the date, place, and purpose of the hearing in three or more public places within the municipality in conformance with the time and location requirements of 1 V.S.A. § 312(c)(2) .
  2. Written notification to the applicant and to the owners of all properties adjoining the property subject to development, including the owners of properties which would be contiguous to the property subject to development but for the interposition of a highway or other public right-of-way and, in any situation in which a variance is sought regarding setbacks from a State highway, also including written notification to the Secretary of Transportation. The notification shall include a description of the proposed project and shall be accompanied by information that clearly informs the recipient where additional information may be obtained, and that participation in the local proceeding is a prerequisite to the right to take any subsequent appeal.
3. The applicant may be required to bear the cost of the public warning and the cost and responsibility of notification of adjoining landowners. The applicant may be required to demonstrate proof of delivery to adjoining landowners either by certified mail, return receipt requested, or by written notice hand delivered or mailed to the last known address supported by a sworn certificate of service.
4. The bylaw may also require public notice through other effective means such as a notice board on a municipal website.
5. No defect in the form or substance of any requirements in subdivision (1) or (2) of this subsection shall invalidate the action of the appropriate municipal panel where reasonable efforts are made to provide adequate posting and notice. However, the action shall be invalid when the defective posting or notice was materially misleading in content. If an action is ruled to be invalid by the Environmental Division or by the applicable municipal panel itself, the action shall be remanded to the applicable municipal panel to provide new posting and notice, hold a new hearing, and take a new action.
Decisions.
1. The appropriate municipal panel may recess the proceedings on any application pending submission of additional information. The panel should close the evidence promptly after all parties have submitted the requested information. The panel shall adjourn the hearing and issue a decision within 45 days after the adjournment of the hearing, and failure of the panel to issue a decision within this period shall be deemed approval and shall be effective on the 46th day. Decisions shall be issued in writing and shall include a statement of the factual bases on which the appropriate municipal panel has made its conclusions and a statement of the conclusions. The minutes of the meeting may suffice, provided the factual bases and conclusions relating to the review standards are provided in conformance with this subsection.
2. In rendering a decision in favor of the applicant, the panel may attach additional reasonable conditions and safeguards as it deems necessary to implement the purposes of this chapter and the pertinent bylaws and the municipal plan then in effect. A bylaw may provide for the conditioning of permit issuance on the submission of a bond, escrow account, or other surety in a form acceptable to the legislative body of the municipality to assure one or more of the following: the completion of the project, adequate stabilization, or protection of public facilities that may be affected by a project.
3. Any decision shall be sent by certified mail within the period set forth in subdivision (1) of this subsection to the applicant and the appellant in matters on appeal. Copies of the decision shall also be mailed to every person or body appearing and having been heard at the hearing and a copy of the decision shall be filed with the administrative officer and the clerk of the municipality as a part of the public records of the municipality.
4. Conditions may require that no zoning permit, except for any permits that may be required for infrastructure construction, may be issued for an approved development unless the streets and other required public improvements have been satisfactorily installed in accordance with the approval decision and pertinent bylaws. In lieu of the completion of the required public improvements, the appropriate municipal panel may require from the owner for the benefit of the municipality a performance bond issued either by a bonding or surety company approved by the legislative body or by the owner with security acceptable to the legislative body in an amount sufficient to cover the full cost of those new streets and required improvements on or in those streets or highways and their maintenance for a period of two years after completion as is estimated by the appropriate municipal panel or such municipal departments or officials as the panel may designate. This bond or other security shall provide for, and secure to the public, the completion of any improvements that may be required within the period fixed in the subdivision bylaws for that completion and for the maintenance of those improvements for a period of two years after completion.
5. The legislative body may enter into an agreement governing any combination of the timing, financing, and coordination of private or public facilities and improvements in accordance with the terms and conditions of a municipal land use permit, provided that agreement is in compliance with all applicable bylaws in effect.
6. The performance bond required by this subsection shall run for a term to be fixed by the appropriate municipal panel, but in no case for a longer term than three years. However, with the consent of the owner, the term of that bond may be extended for an additional period not to exceed three years. If any required improvements have not been installed or maintained as provided within the term of the performance bond, the bond shall be forfeited to the municipality and upon receipt of the proceeds of the bond, the municipality shall install or maintain such improvements as are covered by the performance bond.
Administrative review. In addition to the delegation of powers authorized under this chapter, any bylaws adopted under this chapter may establish procedures under which the administrative officer may review and approve new development and amendments to previously approved development that would otherwise require review by an appropriate municipal panel. If administrative review is authorized, the bylaws shall clearly specify the thresholds and conditions under which the administrative officer classifies an application as eligible for administrative review. The thresholds and conditions shall be structured such that no new development shall be approved that results in a substantial impact under any of the standards set forth in the bylaws. No amendment issued as an administrative review shall have the effect of substantively altering any of the findings of fact of the most recent approval. Any decision by an administrative officer under this subsection may be appealed as provided in section 4465 of this title.
Role of advisory commissions in development review. An advisory commission that has been established through section 4433 or chapter 118 of this title and that has been granted authority under the bylaws, by ordinance, or by resolution of the legislative body to advise the appropriate municipal panel or panels, applicants, and interested parties should perform the advisory function in the following manner:
1. The administrative officer shall provide a copy or copies of applications subject to review by the advisory commission and all supporting information to the advisory commission upon determination that the application is complete.
2. The advisory commission may review the application and prepare recommendations on each of the review standards within the commission's purview for consideration by the appropriate municipal panel at the public hearing on the application. The commission or individual members of the commission may meet with the applicant, interested parties, or both, conduct site visits, and perform other fact-finding that will enable the preparation of recommendations.
3. Meetings by the advisory commission on the application shall comply with the Open Meeting Law, 1 V.S.A. chapter 5, subchapter 2, and the requirements of the commission's rules of procedure, but shall not be conducted as public hearings before a quasi-judicial body.
4. The advisory commission's recommendations may be presented in writing at or before the public hearing of the appropriate municipal panel on the application, or may be presented orally at the public hearing.
5. If the advisory commission finds that an application fails to comply with one or more of the review standards, it shall make every effort to inform the applicant of the negative recommendations before the public hearing, giving the applicant an opportunity to withdraw the application or otherwise prepare a response to the advisory committee's recommendations at the public hearing. Advisory commissions may also suggest remedies to correct the deficiencies that resulted in the negative recommendations.
  Added 2003, No. 115 (Adj. Sess.), § 104; amended 2007, No. 75 , § 29; 2009, No. 154 (Adj. Sess.), § 236.

History

Former § 4464. Former § 4464 was derived from 1967, No. 334 (Adj. Sess.), § 1; amended by 1969, No. 196 (Adj. Sess.), eff. July 1, 1970; 1971, No. 257 (Adj. Sess.), §§ 18, 22; 1977, No. 250 (Adj. Sess.), § 2; 1979, No. 174 (Adj. Sess.), § 17; 1991, No. 109 , § 6; 1993, No. 232 (Adj. Sess.), § 16 and 1995, No. 190 (Adj. Sess.), § 1(a); and repealed by 2003, No. 115 (Adj. Sess.), § 119(d).

Amendments--2009 (Adj. Sess.) Subdiv. (a)(5): Substituted "environmental division" for "environmental court."

Amendments--2007. Subsec. (a)(1)(C): Substituted "including the owners of properties which would be contiguous to the property subject to development but for the interposition of a highway or other public right-of-way and, in any situation in which a variance is sought regarding setbacks from a state highway, also including written notification to the secretary of transportation" for "without regard to any public right-of-way" at the end of the first sentence.

Subsec. (a)(2)(B): Substituted "including the owners of properties which would be contiguous to the property subject to development but for the interposition of a highway or other public right-of-way and, in any situation in which a variance is sought regarding setbacks from a state highway, also including written notification to the secretary of transportation" for "without regard to right-of-way" at the end of the first sentence.

ANNOTATIONS

Analysis

1. Construction.
2. Intervention.
3. Deemed approval.
4. Notice.

1. Construction.

Plain language of the provision regarding defective notice in municipal panel proceedings indicates it does not apply to situations where no notice at all is provided; the phrase "defect in the form or substance" assumes that notice has been given because there can be no defect in something that does not exist. Thus, whatever the scope of the phrase "defect in the form or substance," the word "defect" contemplates that some notice has been given, and where no notice is given, the provision is inapplicable. In re Mahar Conditional Use Permit, 206 Vt. 559, 183 A.3d 1136 (2018).

2. Intervention.

Trial court had authority to attach "reasonable conditions" to approval of the permit to effectuate the purpose of the zoning ordinance and municipal plan. In re Hartland Group North Avenue Permit, 184 Vt. 606, 958 A.2d 685 (mem.) (2008).

3. Deemed approval.

Deemed approval remedy does not foreclose an interested party's timely appeal on the merits of the zoning application. Thus, an intervenor was entitled to have the environmental division rule on the merits regardless of whether the application was deemed approved. Brisson Stone, LLC v. Town of Monkton, 201 Vt. 286, 143 A.3d 550 (2016).

4. Notice.

Even if there was a defect in the posting, the Environmental Division properly concluded that the applicant for a planned unit development made reasonable efforts to provide adequate posting and notice. First, all parties abutting the project received actual notice via the mail and the hearing was properly published in a newspaper of general circulation; second, testimony from the applicant's representative suggested that the town's zoning representative approved of the posting location; and finally, there was no evidence that the neighbors opposing the application were prejudiced by the alleged defect in the posting and the neighbors did not identify an injury stemming from the posting defect. In re Atwood Planned Unit Dev., 204 Vt. 301, 167 A.3d 312 (2017).

Environmental Division did not err in denying party status to appellants, who sought to challenge the approval of an application for a planned unit development but had not participated in the hearing before the development review board (DRB). As the DRB complied with the regulatory and statutory framework for providing both constructive and actual notice of the hearing, regardless of whether appellants had received actual notice, appellants were on constructive notice of the hearing; furthermore, there was no requirement that the notice apprise appellants and others of the potential success of the application. In re Appeal of MDY Taxes, 199 Vt. 248, 123 A.3d 1184 (2015).

Appellants had failed to demonstrate that any injustice, let alone manifest injustice, would result from denying them the right to appeal the decision of the development review board (DRB) when they had not participated in the hearing before the DRB. The constructive notice provided adhered to the requirements of the law and expressly stated that the applicant was seeking to construct a car wash on its property; the fact that neither appellant actually viewed or scrutinized the notices provided did not make it manifestly unjust to deny them the ability to appeal. In re Appeal of MDY Taxes, 199 Vt. 248, 123 A.3d 1184 (2015).

Deemed approval remedy did not apply when a board of zoning adjustment made a decision on a variance application within the prescribed period but failed to notify the applicants within that period of the decision and the bases for the decision. The deemed approval remedy was to be strictly construed to apply only when the decision was not made within the prescribed period, which was not the case here. In re Morrill House LLC, 190 Vt. 652, 35 A.3d 148 (2011).

Cited. In re Smith, 179 Vt. 636, 898 A.2d 1251 (mem.) (April 24, 2006).

Annotations From Former § 4464

1. Constitutionality.

Where the notice of a violation of a zoning ordinance told defendant to remove junk on his property or face fines, but did not inform him of the procedure provided by 24 V.S.A. § 4464(a) to contest the administrator's finding that he was in violation of the zoning ordinance, the notice was not reasonably calculated to inform him that he could contest such a determination and that he had only 15 days to take action, and, therefore, violated the Due Process Clause of the Fourteenth Amendment. The notice of a zoning violation must state the facts that support the finding of a violation, the action the town intends to take, and information on how to challenge the notice. Town of Randolph v. Estate of White, 166 Vt. 280, 693 A.2d 694 (1997).

2. Construction.

Where an adjoining landowner appealed the issuance of a permit to petitioner to a town's zoning board of adjustment, and the petitioner appealed a subsequently issued notice of violation, and the board dismissed the adjoining landowner's appeal as untimely, and granted petitioner's appeal, dismissing the notice of violation, and the adjoining landowner appealed the decisions to the Environmental Court which granted petitioner's motion to dismiss, and entered a final judgment in his favor, even though the court properly found that the adjoining landowner's appeal of the permit was time barred, it erred in failing to address issues relating to the notice of violation. In re Hignite, 176 Vt. 562, 844 A.2d 735 (2003).

Zoning administrator's referral of permit application to planning commission did not constitute a decision on the merits triggering 15 day appeals period, and therefore zoning board was not barred from requiring that developers obtain conditional use approval for renovation of gas stations. Wesco, Inc. v. City of Montpelier, 169 Vt. 520, 739 A.2d 1241 (1999).

Developers' application for zoning permits was not required to be "deemed approved" pursuant to statutory remedy, where there was no protracted decision-making by zoning administrator or zoning board; rather, zoning administrator submitted application to zoning board within thirty-day time period, and board ruled on developers' application in a timely manner once it was presented for review. Wesco, Inc. v. City of Montpelier, 169 Vt. 520, 739 A.2d 1241 (1999).

A statute regulating appellate procedure and the notice of appeal is entitled to a liberal construction as to notice. Badger v. Rice, 124 Vt. 82, 196 A.2d 503 (1963), (Decided under prior law.)

3. Jurisdiction.

Exclusive statutory remedy for persons aggrieved by local zoning decisions or actions is an appeal to the local zoning board of adjustment. Town of Charlotte v. Richmond, 158 Vt. 354, 609 A.2d 638 (1992).

Agencies charged with administering zoning laws must comply with the demands of due process and cannot overlook jurisdictional defects. Badger v. Rice, 124 Vt. 82, 196 A.2d 503 (1963), (Decided under prior law.)

An objection to the issuance of a building permit, made before the permit becomes final and within the time prescribed for obtaining review, confers jurisdiction on the appellate administrative agency. Badger v. Rice, 124 Vt. 82, 196 A.2d 503 (1963); (Decided under prior law.)

4. Standing.

Where a zoning permit was granted by a city zoning board to a county transportation authority to build a bus and office facility on condemned property, and where the board recognized that removing the site from the tax rolls would place some burden on city resources, but in doing so the board would not have exceeded its authority or misconstrued the bylaw provision, the bylaw was not "at issue" as referred to in subsection (b)(2), and the city had no standing as an "interested party" to appeal the granting of the permit. Rossetti v. Chittenden County Transportation Authority, 165 Vt. 61, 674 A.2d 1284 (1996).

It is within the province of the Legislature to decide that possessors of land may not challenge the validity of zoning restrictions imposed on the land without the active involvement of the owner. Town of Sandgate v. Colehamer, 156 Vt. 77, 589 A.2d 1205 (1990).

Occupier of land lacked standing to appeal to the Superior Court a grant of injunctive relief by zoning board of adjustment requiring removal of defendant's junk vehicles from the property pursuant to State junkyard statute; defendant was not an "interested person" within the meaning of zoning statute, as he held no form of title to the property and had, at best, an equitable mortgage interest. Town of Sandgate v. Colehamer, 156 Vt. 77, 589 A.2d 1205 (1990).

Occupier of land lacked standing to challenge the validity of a zoning ordinance in enforcement proceeding brought by town even though, as a result, he was without a forum in which to mount such challenge, as he also lacked standing to proceed under exclusive statutory remedy of appeal from decision of zoning administrator to issue citation for violation of the ordinance. Town of Sandgate v. Colehamer, 156 Vt. 77, 589 A.2d 1205 (1990).

So long as zoning board acts within the ambit of its variance authority, whether it has acted wisely or not is not a matter which the governing body can raise on appeal as an "interested person" under subdivision (b)(2) of this section. Sabourin v. Town of Essex, 146 Vt. 419, 505 A.2d 669 (1985).

Appeal from denial of conditional use permit should have been dismissed for lack of standing, where evidence established that appellant did not in fact own title to property affected by the denial. Mad River Valley Enterprises, Inc. v. Town of Warren Board of Adjustment, 146 Vt. 126, 499 A.2d 759 (1985).

Finding that corporation had "common goal" or "shared interest" with record title holder was not sufficient to render corporation an "interested person" with standing to pursue an appeal in Superior Court of a denial of a conditional use zoning permit. Mad River Valley Enterprises, Inc. v. Town of Warren Board of Adjustment, 146 Vt. 126, 499 A.2d 759 (1985).

Standing for review of all questions arising out of zoning laws is necessarily governed by this section, which limits review to those who qualify as "interested persons" under subsection (b). Garzo v. Stowe Board of Adjustment, 144 Vt. 298, 476 A.2d 125 (1984).

Since the Legislature, in subsection (b) of this section, has provided the exclusive definition of who has a clear legal right to compel the enforcement of zoning bylaws, proceedings in mandamus to compel such enforcement are not distinguished from, but are in fact controlled by, the standing criteria of this section. Garzo v. Stowe Board of Adjustment, 144 Vt. 298, 476 A.2d 125 (1984).

Where plaintiff, who brought suit to enforce a zoning bylaw, conceded that he was not an "interested person" within the meaning of subsection (b) of this section, the right he sought to enforce was therefore legislatively foreclosed and his application for mandamus properly denied. Garzo v. Stowe Board of Adjustment, 144 Vt. 298, 476 A.2d 125 (1984).

Under this section's provision that a property owner in the immediate neighborhood alleging a decision or act will not be in accord with the zoning plan of the municipality may appeal to the Superior Court from a decision of the zoning board of adjustment, persons who claimed that decision violated the regulations implementing the plan had standing to appeal. Kalakowski v. John A. Russell Corporation, 137 Vt. 219, 401 A.2d 906 (1979).

5. Nonadministrative remedies.

If question sought to be answered is one of law or jurisdiction of a zoning board of adjustment, it is judicial economy and wisdom to decide the issue by declaratory judgment before administrative channels have been entered or exhausted. Flanders Lumber & Building Supply Co. v. Town of Milton, 128 Vt. 38, 258 A.2d 804 (1969).

Court of chancery properly assumed jurisdiction in granting declaratory relief to housing developers denied building permits for four lots, even though administrative remedies had not been exhausted as to one of the denials and two of the denials were before the county court on appeal. Flanders Lumber & Building Supply Co. v. Town of Milton, 128 Vt. 38, 258 A.2d 804 (1969).

6. Mandamus.

Petitioners were not required to appeal town zoning administrator's refusal to enforce town zoning regulations prior to seeking writ of mandamus where they had appealed administrator's decision to issue conditional use permit, Superior Court had determined that conditional use permit would violate zoning regulations and town continued to refuse to follow the law, despite court's order. In re Fairchild, 159 Vt. 125, 616 A.2d 228 (1992).

Where petitioners had taken every lawful step they could to enforce adherence to town zoning regulations and town refused to abide by court order and its own zoning regulations, statutory appeals process was not adequate to afford relief petitioners sought and mandamus was appropriate. In re Fairchild, 159 Vt. 125, 616 A.2d 228 (1992).

Petitioners who sought writ of mandamus to compel issuance of building permits had adequate remedy through procedure for appeals and therefore could not obtain mandamus. Dana Corp. & Flanders v. Yusitis, 127 Vt. 201, 243 A.2d 790 (1968), (Decided under prior law.)

7. Damages.

When an interested person prosecutes an appeal from a zoning board decision under section 4464 of this title, and properly obtains review by the Superior Court, via this section, special damages need not be shown. In re Gadhue, 149 Vt. 322, 544 A.2d 1151 (1987).

Having demonstrated standing by virtue of her status as an interested person as defined by this section, plaintiff satisfied all prerequisites to relief at law or equity, and her ability to request a mandatory injunction to compel defendant to remove a structure erected after defendant received an improperly issued zoning variance was in no way impaired by the absence of special damages. In re Gadhue, 149 Vt. 322, 544 A.2d 1151 (1987).

8. Intervention.

Adjoining landowner had a statutory right as an "interested person" to intervene in an appeal to the Environmental Court from a ruling of zoning board of appeals that relocation of a road required a subdivision permit. In re Shantee Point, Inc., 174 Vt. 248, 811 A.2d 1243 (2002).

Cited. Gadhue v. Marcotte, 141 Vt. 238, 446 A.2d 375 (1982); In re Zoning Variance Application of Ray Tire Mart, Inc., 141 Vt. 330, 449 A.2d 910 (1982); Benzie v. Town of Underhill, 142 Vt. 263, 454 A.2d 1233 (1982); In re Maurice Memorials, 142 Vt. 532, 458 A.2d 1093 (1983); LeBlanc v. City of Barre, 144 Vt. 369, 477 A.2d 970 (1984); In re 66 North Main Street, 145 Vt. 1, 481 A.2d 1053 (1984); City of Rutland v. McDonald's Corp., 146 Vt. 324, 503 A.2d 1138 (1985); Montgomery v. Town of Sherburne, 147 Vt. 191, 514 A.2d 702 (1986); Boutwell v. Town of Fair Haven, 148 Vt. 8, 527 A.2d 225 (1987); Terino v. Town of Hartford Zoning Board of Adjustment, 148 Vt. 610, 538 A.2d 160 (1987); Jacobsen v. Garzo, 149 Vt. 205, 542 A.2d 265 (1988); In re Cumberland Farms, Inc., 151 Vt. 59, 557 A.2d 486 (1989); Nash v. Warren Zoning Board of Adjustment, 153 Vt. 108, 569 A.2d 447 (1989); In re Torres, 154 Vt. 233, 575 A.2d 193 (1990); Phillips Construction Services, Inc. v. Town of Ferrisburg, 154 Vt. 483, 580 A.2d 50 (1990); Reid v. Town of Charlotte, 160 Vt. 606, 648 A.2d 813 (mem.) (1993); In re Taft Corners Assocs., 162 Vt. 638, 650 A.2d 520 (1994); Houston v. Town of Waitsfield, 162 Vt. 476, 648 A.2d 864 (1994); George v. Timberlake Assocs., 169 Vt. 641, 739 A.2d 1207 (mem.) (1999); In re Garen, 174 Vt. 151, 807 A.2d 448 (2002); In re Gulli, 174 Vt. 580, 816 A.2d 485 (mem.) (2002); Scott v. City of Newport, 177 Vt. 491, 857 A.2d 317 (mem.) (July 29, 2004).

Law review commentaries

Law review. Stand in zoning appeals, see 12 Vt. L. Rev. 217 (1987).

Zoning variance administration in Vermont, see 8 Vt. L. Rev. 371 (1983).

Subchapter 11. Appeals

History

§ 4465. Appeals of decisions of the administrative officer.

An interested person may appeal any decision or act taken by the administrative officer in any municipality by filing a notice of appeal with the secretary of the board of adjustment or development review board of that municipality or with the clerk of that municipality if no such secretary has been elected. This notice of appeal must be filed within 15 days of the date of that decision or act, and a copy of the notice of appeal shall be filed with the administrative officer.
For the purposes of this chapter, an interested person means any one of the following:
1. A person owning title to property, or a municipality or solid waste management district empowered to condemn it or an interest in it, affected by a bylaw, who alleges that the bylaw imposes on the property unreasonable or inappropriate restrictions of present or potential use under the particular circumstances of the case.
2. The municipality that has a plan or a bylaw at issue in an appeal brought under this chapter or any municipality that adjoins that municipality.
3. A person owning or occupying property in the immediate neighborhood of a property that is the subject of any decision or act taken under this chapter, who can demonstrate a physical or environmental impact on the person's interest under the criteria reviewed, and who alleges that the decision or act, if confirmed, will not be in accord with the policies, purposes, or terms of the plan or bylaw of that municipality.
4. Any ten persons who may be any combination of voters or real property owners within a municipality listed in subdivision (2) of this subsection who, by signed petition to the appropriate municipal panel of a municipality, the plan or a bylaw of which is at issue in any appeal brought under this title, allege that any relief requested by a person under this title, if granted, will not be in accord with the policies, purposes, or terms of the plan or bylaw of that municipality. This petition to the appropriate municipal panel must designate one person to serve as the representative of the petitioners regarding all matters related to the appeal.
5. Any department and administrative subdivision of this State owning property or any interest in property within a municipality listed in subdivision (2) of this subsection, and the Agency of Commerce and Community Development of this State.
In the exercise of its functions under this section, a board of adjustment or development review board shall have the following powers, in addition to those specifically provided for elsewhere in this chapter:
1. To hear and decide appeals taken under this section, including where it is alleged that an error has been committed in any order, requirement, decision, or determination made by an administrative officer under this chapter in connection with the administration or enforcement of a bylaw.
2. To hear and grant or deny a request for a variance under section 4469 of this title.
  Added 2003, No. 115 (Adj. Sess.), § 106.

History

Former § 4465. Former § 4465 was derived from 1967, No. 334 (Adj. Sess.), § 1 and repealed by 2003, No. 115 (Adj. Sess.), § 119(d).

2019. In subdiv. (c)(1), deleted ", without limitation," following "including" in accordance with 2013, No. 5 , § 4.

ANNOTATIONS

1. Zoning administrator.

Because a letter sent to the initial complainant by an employee in the Burlington Code Enforcement Office with a title of "zoning specialist" was not a decision of the zoning administrator, the complainant did not have to appeal it to the Development Review Board (DRB) to avoid the invocation of the provision pertaining to unappealed decisions. As a result, the provision did not preclude neighbors from requesting that the zoning administrator enforce the zoning ordinance against applicants and from appealing to the DRB from the zoning administrator's decision that a permit was not needed. In re Burns Two-Unit Residential Bldg., 202 Vt. 234, 148 A.3d 568 (2016).

§ 4466. Notice of appeal.

A notice of appeal shall be in writing and shall include the name and address of the appellant, a brief description of the property with respect to which the appeal is taken, a reference to the regulatory provisions applicable to that appeal, the relief requested by the appellant, and the alleged grounds why the requested relief is believed proper under the circumstances.

Added 2003, No. 115 (Adj. Sess.), § 106.

History

Former § 4466. Former § 4466 was derived from 1967, No. 334 (Adj. Sess.), § 1; amended by 1973, No. 193 (Adj. Sess.), § 3 and 1981, No. 132 (Adj. Sess.), § 16; and repealed by 2003, No. 115 (Adj. Sess.), § 119(d).

§§ 4467. [Reserved for future use.].

History

Former § 4467. Former § 4467 was derived from 1967, No. 334 (Adj. Sess.), § 1; amended by 1973, No. 255 (Adj. Sess.), § 1 and 1993, No. 232 (Adj. Sess.), § 18; and repealed by 2003, No. 115 (Adj. Sess.), § 119(d).

§ 4468. Hearing on appeal.

The appropriate municipal panel shall set a date and place for a public hearing of an appeal under this chapter that shall be within 60 days of the filing of the notice of appeal under section 4465 of this title. The appropriate municipal panel shall give public notice of the hearing and shall mail to the appellant a copy of that notice at least 15 days prior to the hearing date. Any person or body empowered by section 4465 of this title to take an appeal with respect to that property at issue may appear and be heard in person or be represented by an agent or attorney at the hearing. Any hearing held under this section may be adjourned by the appropriate municipal panel from time to time; provided, however, that the date and place of the adjourned hearing shall be announced at the hearing. All hearings under this section shall be open to the public and the rules of evidence applicable at these hearings shall be the same as the rules of evidence applicable in contested cases in hearings before administrative agencies as set forth in 3 V.S.A. § 810 .

Added 2003, No. 115 (Adj. Sess.), § 106.

History

Former § 4468. Former § 4468 was derived from 1967, No. 334 (Adj. Sess.), § 1; amended by 1973, No. 193 (Adj. Sess.), § 3; No. 255 (Adj. Sess.), § 2; 1979, No. 174 (Adj. Sess.), § 16 and 1993, No. 232 (Adj. Sess.), § 19; and repealed by 2003, No. 115 (Adj. Sess.), § 119(d).

Annotations From Former § 4468

1. Purpose.

The availability of a variance is an essential part of the regulatory scheme to determine to what extent a landowner will be able to use his land. Chioffi v. City of Winooski, 165 Vt. 37, 676 A.2d 786 (1996).

2. Construction with other law.

This section's provision that on appeal the Superior Court may grant a variance and render a decision if all of certain facts are found and such finding is specified in the decision did not apply where, on appeal, court did not grant a variance, but rather, by operation of § 4470 of this title appellant automatically received a variance when zoning board of adjustment failed to comply with that section, and Superior Court so found. Potter v. Hartford Zoning Board of Adjustment, 137 Vt. 445, 407 A.2d 170 (1979), overruled on other grounds, City of Rutland v. McDonald's Corp. (1985) 146 Vt. 324, 503 A.2d 1138.

3. Notice of hearings.

Where evidence on application for enlargement and extension of nonconforming use was heard at public hearing of zoning board of adjustment which was adjourned with decision deferred, failure to notify the public and the board of later meeting at which enlargement was granted did not invalidate the order where it did not appear that further evidence was received at the later meeting and the later meeting was apparently held merely to arrive at a decision. DeWitt v. Town of Brattleboro Zoning Board of Adjustment, 128 Vt. 313, 262 A.2d 472 (1970).

4. Powers of board.

A zoning board of adjustment is permitted to grant a variance from a zoning ordinance only within the guidelines set by the ordinance. L. & M. Pike & Son, Inc. v. Town of Waterford, 130 Vt. 432, 296 A.2d 262 (1972).

5. Criteria.

Zoning variance must be based on showing of conformance with each of the five criteria set forth in subsection (a) of this section; therefore, if it is found that the court did not err on any one of the factors, Supreme Court must affirm. In re Dunnett, 172 Vt. 196, 776 A.2d 406 (2000).

Environmental Court's determination that applicant for variance for construction of a new structure on property could make reasonable use of the property without the addition of the structure, and therefore failed to qualify for a variance under second criterion in subsection (a) of this section, was neither clearly erroneous, arbitrary, nor capricious. In re Dunnett, 172 Vt. 196, 776 A.2d 406 (2000).

Nothing in 24 V.S.A. § 4406(1) entitled applicant to her requested zoning variance simply because it is an existing small lot, where, in looking at all of applicant's property, it could be shown that the property could be developed without a variance. Kashner v. Greensboro Zoning Board of Adjustment, 172 Vt. 544, 772 A.2d 133 (2000).

A zoning variance must be based on a showing of conformance with each of the five criteria set forth in subsection (a) of this section. Blow v. Town of Berlin Zoning Administrator, 151 Vt. 333, 560 A.2d 378 (1989).

Fact that part of property is an existing small lot or that another part was purchased later cannot be determinative of variance request. Blow v. Town of Berlin Zoning Administrator, 151 Vt. 333, 560 A.2d 378 (1989).

In assessing the criteria set forth in subsection (a) of this section, zoning board of adjustment or court must look at all of the applicant's property, not solely that part included in variance request. Blow v. Town of Berlin Zoning Administrator, 151 Vt. 333, 560 A.2d 378 (1989).

Variances are not to be given to guarantee the most profitable use of the property. In re McDonald's Corp., 151 Vt. 346, 560 A.2d 362 (1989).

All five of the requirements set out in subsection (a) of this section must be met in order to sustain the granting of a zoning variance. In re Fecteau, 149 Vt. 319, 543 A.2d 693 (1988).

Prior to the issuance of a variance from the provisions of a zoning regulation, a petitioner must meet each and every requirement outlined in this section. In re Maurice Memorials, 142 Vt. 532, 458 A.2d 1093 (1983).

All zoning variances, whether use or area variances, must meet the five criteria enunciated in this section which provides that on appeal the Superior Court may grant a variance and render a decision if all of certain facts are found. In re Ray Reilly Tire Mart, Inc., 141 Vt. 330, 449 A.2d 910 (1982).

The five criteria which must be met under this section, which provides that the Superior Court may grant a variance and render a decision if all of certain facts are found, apply to all variances of whatever type. Gadhue v. Marcotte, 141 Vt. 238, 446 A.2d 375 (1982).

Although property as to which a variance was sought met requirement of subdivision (a)(4) of this section that variance would not alter essential character of neighborhood, nor impair use or development of adjacent property, nor be detrimental to public welfare, desirable improvement which met this test was not entitled to a variance in absence of all statutory criteria of this section being met. Sorg v. North Hero Zoning Board of Adjustment, 135 Vt. 423, 378 A.2d 98 (1977).

Zoning ordinance guidelines for variances must be within the limits of the enabling act. L. & M. Pike & Son, Inc. v. Town of Waterford, 130 Vt. 432, 296 A.2d 262 (1972).

6. Hardship .

Hardship must originate from circumstances beyond the control of the property owner, and must be of the sort that does not generally affect properties in the same zoning district. In re Fecteau, 149 Vt. 319, 543 A.2d 693 (1988).

The hardship exemption of subsection (a) of this section requires that all of the five elements listed in the subsection be met. LeBlanc v. City of Barre, 144 Vt. 369, 477 A.2d 970 (1984).

Difficulties and hardship should be substantial and of compelling force in order to override a board of adjustment's denial of a variance. Brassard Bros., Inc. v. Barre Town Zoning Board of Adjustment, 128 Vt. 416, 264 A.2d 814 (1970).

*7. Unique physical circumstances or conditions.

Specific finding that property was unique because it was only property containing a historic inn was clearly not unique physical circumstance or condition contemplated by subdivision (a)(1) of this section. Sorg v. North Hero Zoning Board of Adjustment, 135 Vt. 423, 378 A.2d 98 (1977).

Existence of leach field installed by the owners was not unique in rural area nor was it a condition peculiar to the particular property as to which a variance was sought under subdivision (a)(1) of this section. Sorg v. North Hero Zoning Board of Adjustment, 135 Vt. 423, 378 A.2d 98 (1977).

*8. Created by appellant.

When 25-foot strip of residential land lying within larger commercial and residential lot was too small to be developed without variance, developer's "hardship" was self-induced by identifying small part of land as variance area rather than looking at all of land, and variance was properly denied. In re McDonald's Corp., 151 Vt. 346, 560 A.2d 362 (1989).

Gas station failed to qualify for zoning variance where new large canopy that was too close to front property line was not necessary to operation of gas station and would alter character of residential area, and applicant created its own hardship by building without a permit. In re Cumberland Farms, Inc., 151 Vt. 59, 557 A.2d 486 (1989).

Application for set-back variance to authorize foundation improperly placed should not have been granted where stated hardship was caused by surveying error in measuring the set-back. In re Fecteau, 149 Vt. 319, 543 A.2d 693 (1988).

Where plaintiff, after being informed that he could not construct a residence on a particular lot because it was undersized, sold and conveyed the contiguous lot, he was not entitled to hardship exemption of subsection (a) of this section, since plaintiff created the situation whereby he had only one lot, standing alone and not suitable for his planned development. LeBlanc v. City of Barre, 144 Vt. 369, 477 A.2d 970 (1984).

Where applicant for zoning variance purchased only a small triangular piece of land which was but a part of a much larger parcel, and the original property as a whole could have been developed in strict conformity with the provisions of residential zoning regulation, the applicant was not entitled to a variance under subdivision (a)(3) of this section, since the hardship in applicant's situation arose solely from the acquisition of the small portion of the original property, and the hardship, therefore, was created by the applicant. In re Ray Reilly Tire Mart, Inc., 141 Vt. 330, 449 A.2d 910 (1982).

Unnecessary hardship is the heart of a zoning variance, and one who buys land with actual or constructive knowledge of zoning restrictions then in effect creates any hardship for himself. L. & M. Pike & Son, Inc. v. Town of Waterford, 130 Vt. 432, 296 A.2d 262 (1972).

Where corporation, without ascertaining town line boundaries, bought land lying within towns and built plant on land in town zoned entirely rural residential, then applied for variance, hardship was not unnecessary and was not created by the ordinance, rather, applicant created the hardship and was not entitled to a variance. L. & M. Pike & Son, Inc. v. Town of Waterford, 130 Vt. 432, 296 A.2d 262 (1972).

*9. Particular cases.

Where the trial court failed to look at all of the applicant's property, instead considering only her variance request as it related to a particular lot; this was erroneous, because she owned two other lots which could be built upon in conformance with the zoning regulations and, thus, she could not claim that there was no possibility that the property could be developed in strict conformity with the zoning ordinance. Kashner v. Greensboro Zoning Board of Adjustment, 172 Vt. 544, 772 A.2d 133 (2000).

Landowner planning commercial building on one lot and parking area on contiguous lot was not entitled to setback variance as no unnecessary hardship was shown since he could build part of building on second lot. Blow v. Town of Berlin Zoning Administrator, 151 Vt. 333, 560 A.2d 378 (1989).

Where property as to which a variance was sought continued to be usable as an inn, and even given proposed variance, owners did not intend to install any more tables or accommodate any more guests, but planned to use new space simply to house plants and provide more space and light in dining room, trial court's conclusion of unnecessary hardship, under subsection (a) of this section, was unsupportable since only hardship referred to was that of continuing its operation in an outdated facility. Sorg v. North Hero Zoning Board of Adjustment, 135 Vt. 423, 378 A.2d 98 (1977).

Testimony of landowner seeking to build single unit residential apartment for himself above garage housing his construction business equipment and on land zoned commercial, that he could not oversee the property and his equipment if he could not live there, was insufficient to sustain claim of hardship warranting the grant of a variance. Brassard Bros., Inc. v. Barre Town Zoning Board of Adjustment, 128 Vt. 416, 264 A.2d 814 (1970).

10. Conformity impossible.

Subdivision (a)(2) of this section, requiring no possibility that property can be developed in conformity with zoning regulations as one of the criteria before the Superior Court, on appeal, may grant a variance, is not satisfied if any reasonable use can be made of the property which is in strict conformity with the zoning regulations, whether or not the property can be developed in conformance to its previous use without a variance. Gadhue v. Marcotte, 141 Vt. 238, 446 A.2d 375 (1982).

Trial court erred in granting dimensional variance to property owner where the evidence did no support a finding that the owner's lot could not be further developed without a variance, since there was uncontroverted testimony by an expert that a residence could be built on the property in conformity with the zoning regulations, and, since the property was already developed and used as both a business and residence, the property owner was not deprived of a reasonable use of his property as required by subdivision (a)(2) of this section. Gadhue v. Marcotte, 141 Vt. 238, 446 A.2d 375 (1982).

Where inn had been operated as such for some 87 years and present owners were familiar with the operation, as guests, long before they bought it, unmet were criteria stated by subdivision (a)(2) of this section that there be no possibility of development in strict conformity, because of physical circumstances and conditions, and that authorization of variance be necessary to enable reasonable use. Sorg v. North Hero Zoning Board of Adjustment, 135 Vt. 423, 378 A.2d 98 (1977).

11. Least deviation possible.

Environmental Court misapplied former 24 V.S.A. § 4468(a)(5) by granting applicant a variance from setback requirements for a proposed commercial building on an existing small lot since the record revealed that the variance obtained by applicant would enhance the efficiency of his business, but not that his business would be unsustainable without a variance allowing light industry. In re Appeal of Mutschler, Canning and Wilkins, 180 Vt. 501, 904 A.2d 1067 (mem.) (May 25, 2006).

Where trial court granted plaintiff a variance from city zoning regulation in order to repair and renovate its nonconforming structure, to the extent of raising the roof level six feet, and plaintiff's witnesses testified that the roof could be repaired with less of a rise, but that such a plan would interfere with plaintiff's business operations, plaintiff failed to establish that the variance represented the least deviation possible from the zoning regulation, as required by subsection (a) of this section; therefore, the grant of the variance would be reversed. In re Maurice Memorials, 142 Vt. 532, 458 A.2d 1093 (1983).

12. Use of adjoining zoning district.

When restaurant chain leased lot lying in both commercial and residential zones, proposed a restaurant in commercial zone and requested variance to use adjacent 25-foot strip of land in residential zone for parking lot, trial court properly applied zoning variance criteria in subsection (a) of this section to entire property. In re McDonald's Corp., 151 Vt. 346, 560 A.2d 362 (1989).

Undeveloped state of 25-foot strip of residential land constituted "use" as buffer between commercial and residential uses allowing for development in residential zone, and variance for use of strip for parking lot for adjacent commercial land was properly denied. In re McDonald's Corp., 151 Vt. 346, 560 A.2d 362 (1989).

That land in question adjoined a zoning district where such use was permitted was not controlling on question whether owner of land zoned for commercial use could build a single unit residential apartment above a garage he maintained to house his construction business equipment. Brassard Bros., Inc. v. Barre Town Zoning Board of Adjustment, 128 Vt. 416, 264 A.2d 814 (1970).

13. Findings.

The findings required by subsection (a) of this section should be sufficient to inform interested persons of the reasons for the decision. City of Rutland v. McDonald's Corp., 146 Vt. 324, 503 A.2d 1138 (1985).

For relief by way of a variance, this section must prevail, rather than a judicial finding indicating, at best, general desirability. In re Ray Reilly Tire Mart, Inc., 141 Vt. 330, 449 A.2d 910 (1982).

Cited. Sabourin v. Town of Essex, 146 Vt. 419, 505 A.2d 669 (1985); McGlynn v. Town of Woodbury, 148 Vt. 340, 533 A.2d 1187 (1987); In re Gadhue, 149 Vt. 322, 544 A.2d 1151 (1987); Chioffi v. Winooski Zoning Board, 151 Vt. 9, 556 A.2d 103 (1989); Nash v. Warren Zoning Board of Adjustment, 153 Vt. 108, 569 A.2d 447 (1989); Drumheller v. Shelburne Zoning Board of Adjustment, 155 Vt. 524, 586 A.2d 1150 (1990); Granger Enterprises v. City of Rutland, 156 Vt. 644, 590 A.2d 883 (mem.) (1991).

Law review commentaries

Law review. Zoning variance administration in Vermont, see 8 Vt. L. Rev. 371 (1983).

§ 4469. Appeal; variances.

On an appeal under section 4465 or 4471 of this title or on a referral under subsection 4460(e) of this title in which a variance from the provisions of a bylaw or interim bylaw is requested for a structure that is not primarily a renewable energy resource structure, the board of adjustment or the development review board or the Environmental Division created under 4 V.S.A. chapter 27 shall grant variances and render a decision in favor of the appellant, if all the following facts are found, and the finding is specified in its decision:
1. There are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that unnecessary hardship is due to these conditions, and not the circumstances or conditions generally created by the provisions of the bylaw in the neighborhood or district in which the property is located.
2. Because of these physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the bylaw, and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
3. Unnecessary hardship has not been created by the appellant.
4. The variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, substantially or permanently impair the appropriate use or development of adjacent property, reduce access to renewable energy resources, or be detrimental to the public welfare.
5. The variance, if authorized, will represent the minimum variance that will afford relief and will represent the least deviation possible from the bylaw and from the plan.
On an appeal under section 4465 or 4471 of this title in which a variance from the provisions of a bylaw or interim bylaw is requested for a structure that is primarily a renewable energy resource structure, the board of adjustment or development review board or the Environmental Division may grant that variance and render a decision in favor of the appellant if all the following facts are found, and the finding is specified in its decision:
1. It is unusually difficult or unduly expensive for the appellant to build a suitable renewable energy resource structure in conformance with the bylaws.
2. The hardship was not created by the appellant.
3. The variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, substantially or permanently impair the appropriate use or development of adjacent property, reduce access to renewable energy resources, or be detrimental to the public welfare.
4. The variance, if authorized, will represent the minimum variance that will afford relief and will represent the least deviation possible from the bylaws and from the plan.
In rendering a decision in favor of an appellant under this section, a board of adjustment or development review board or the Environmental Division may attach such conditions to variances as it may consider necessary and appropriate under the circumstances to implement the purposes of this chapter and the plan of the municipality then in effect.
A variance authorized in a flood hazard area shall meet applicable federal and State rules for compliance with the National Flood Insurance Program.
Added 2003, No. 115 (Adj. Sess.), § 106; amended 2009, No. 154 (Adj. Sess.), § 236; 2011, No. 138 (Adj. Sess.), § 14, eff. May 14, 2012.

History

Former § 4469. Former § 4469 was derived from 1967, No. 334 (Adj. Sess.), § 1; amended by 1971, No. 257 (Adj. Sess.), § 19; and repealed by 2003, No. 115 (Adj. Sess.), § 119(d).

Amendments--2011 (Adj. Sess.). Subsec. (a): Added "or on a referral under subsection 4460(e) of this title" in the first sentence.

Subsec. (d): Added.

Amendments--2009 (Adj. Sess ). Subsec. (a), (b), and (c): Substituted "environmental division" for "environmental court".

§ 4470. Successive appeals; requests for reconsideration to an appropriate municipal panel.

An appropriate municipal panel may reject an appeal or request for reconsideration without hearing and render a decision, which shall include findings of fact, within 10 days of the date of filing of the notice of appeal, if the appropriate municipal panel considers the issues raised by the appellant in the appeal have been decided in an earlier appeal or involve substantially or materially the same facts by or on behalf of that appellant. The decision shall be rendered, on notice given, as in the case of a decision under subdivision 4464(b)(3) of this title, and shall constitute a decision of the appropriate municipal panel for the purpose of section 4471 of this title.
A municipality shall enforce all decisions of its appropriate municipal panels, and further, the Superior Court's Civil or Environmental Division shall enforce such decisions upon petition, complaint, or appeal or other means in accordance with the laws of this State by such municipality or any interested person by means of mandamus, injunction, process of contempt, or otherwise.
Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1993, No. 232 (Adj. Sess.), § 20, eff. March 15, 1995; 2003, No. 115 (Adj. Sess.), § 107; 2009, No. 154 (Adj. Sess.), § 236.

History

2011. In subsec. (b), substituted "the superior court's civil or environmental division" for "the superior court, or the environmental division" in accordance with 2009, No. 154 (Adj. Sess.), § 236.

Amendments--2009 (Adj. Sess.) Subsec. (b): Substituted "environmental division" for "environmental court."

Amendments--2003 (Adj. Sess.). Act No. 115 deleted former subsec. (a); redesignated former subsecs. (b) and (c) as present subsecs. (a) and (b) and amended the section generally.

Amendments--1993 (Adj. Sess.). Subsec. (a): Inserted "of adjustment or the development review board" preceding "shall render" in the first sentence and preceding "does not render" in the third sentence and substituted "the applicant" for "him" following "requested by" in that sentence.

Subsec. (b): Inserted "or a development review board" preceding "may reject" and "of adjustment or the development review board" preceding "considers" and preceding "for the purpose".

Subsec. (c): Inserted "or the development review board" following "adjustment" and substituted "superior court, district court, or the environmental court (which in this instance is not bound by Rule 76 of the Rules of Civil Procedure)" for "courts of this state" following "further, the".

ANNOTATIONS

Analysis

1. Construction with other laws.
2. Notice.
3. Quorum.
4. Time for decisions.
- - Purpose.
5. Construction.
- - Failure to render decision.
- - Tolling.
8. Form of decision.
9. Findings.
10. Failure to appeal.

1. Construction with other laws.

Provisions of subsection (a) of this section apply to conditional use proceedings, except where subdivision 4407(2) of this title specifically requires a different procedure. Nash v. Warren Zoning Board of Adjustment, 153 Vt. 108, 569 A.2d 447 (1989).

2. Notice.

Glabach v. Sardelli (1974) 132 Vt. 490, 321 A.2d 1, in which Supreme Court held that zoning variance decision is not rendered until it is mailed to applicant, is overruled. Leo's Motors, Inc. v. Town of Manchester, 158 Vt. 561, 613 A.2d 196 (1992).

3. Quorum.

The zoning board "rendered its decision" when it issued a written decision by less than a statutorily-required majority, only five of its seven members being present three voting against the variance request by a business, one for, and one abstaining as the outcome could not have changed by the involvement of the other two board members; therefore, the business was not entitled to a permit by operation of law under the provision which provides that a permit is deemed approved when the board fails to act. In re Newton Enterprises, 167 Vt. 459, 708 A.2d 914 (1998).

Absence of zoning board member from interim vote did not render her unable to participate in the board's decision, as such absence did not impair her ability to express agreement with the written findings, conclusions, and decision by affixing her signature. Granger Enterprises v. City of Rutland, 156 Vt. 644, 590 A.2d 883 (mem.) (1991).

4. Time for decisions .

Purpose of 45-day rule of subsection (a) of this section is to encourage prompt consideration of the application within a time certain. City of Rutland v. McDonald's Corp., 146 Vt. 324, 503 A.2d 1138 (1985); In re Knapp, 152 Vt. 59, 564 A.2d 1064 (1989).

This section's provision that a zoning board of adjustment shall render a decision which shall include findings of fact and that if decision is not rendered within prescribed time the board shall be deemed to have rendered decision in appellant's favor is intended to give appellant reasons as well as a result, does not have an irrational or unconstitutional goal, and was properly applied so as to result in variance for landowner denied one by the board and granted one by the Superior Court upon a finding that the board's findings contained only conclusions. Potter v. Hartford Zoning Board of Adjustment, 137 Vt. 445, 407 A.2d 170 (1979), overruled on other grounds, City of Rutland v. McDonald's Corp. (1985) 146 Vt. 324, 503 A.2d 1138.

5. Construction.

This section, requiring that zoning board decision be "rendered" within forty-five days after hearing, requires that decision be finally made before expiration of forty-five day period, whether or not town observes directive in this section to send copy of decision to appellant by certified mail within that period, so long as failure to send copy is inadvertent and not result of policy or purpose to withhold notice of decision. Leo's Motors, Inc. v. Town of Manchester, 158 Vt. 561, 613 A.2d 196 (1992).

This section, requiring that zoning board decision be "rendered" within forty-five days after hearing, requires that decision be finally made before expiration of forty-five day period, regardless of when, or if, decision is reduced to writing. Leo's Motors, Inc. v. Town of Manchester, 158 Vt. 561, 613 A.2d 196 (1992).

*6. Failure to render decision.

Where zoning board of adjustment fails to issue a decision concerning a conditional use application within statutory period, its failure to decide will be deemed approval and will constitute a final decision that will start the running of applicable appeal period. In re White, 155 Vt. 612, 587 A.2d 928 (1990).

Once a decision of zoning board of adjustment is made and communicated to the applicant, orally or in writing, the applicant is not entitled to statutory deemed approval remedy which applies where the board has altogether failed to reach a decision within the statutory period. In re White, 155 Vt. 612, 587 A.2d 928 (1990).

Where landowners' request for relief from town zoning board of adjustment presented not only the question of whether they could include a road right of way in a parcel of land in order to meet the minimum acreage requirement of the zoning ordinance, but also requested relief from that requirement, in the nature of a variance application, the board was presented with and considered requests for two distinct types of relief, a variance and an appeal, and where the board's notice of decision, which contained no findings of fact, responded only to the appeal and in no way responded to the landowners' request for the variance, the board having failed to issue a decision and accompanying findings of fact within the time required by this section, the board was deemed to have made a decision in favor of the application for a variance by operation of law. Benzie v. Town of Underhill, 142 Vt. 263, 454 A.2d 1233 (1982), overruled on other grounds, City of Rutland v. McDonald's Corp. (1985) 146 Vt. 324, 503 A.2d 1138.

*7. Tolling.

Actions of zoning board of adjustment in noticing new hearing on same application within the forty-five-day period in which written decision was to have issued tolled its obligation to issue written decision until after conclusion of final hearing. In re Knapp, 152 Vt. 59, 564 A.2d 1064 (1989).

8. Form of decision.

In a zoning dispute, because plaintiff-town fulfilled its statutory duties i.e., (1) the zoning board of adjustment (ZBA) informed defendant-landowner at its hearing that the hearing on his appeal was closed and that it would render a decision within 45 days; and (2) the ZBA later rendered its final decision and, within 45 days, mailed the minutes of the meeting by certified mail to defendant's correct address and received back a signed receipt and there was no evidence that plaintiff's purpose in using this procedure was to intentionally hinder defendant's ability to determine that a decision had been rendered, defendant received notice, and the time period in which he could appeal the decision began to run. Town of Hinesburg v. Dunkling, 167 Vt. 514, 711 A.2d 1163 (1998).

Subsection (a) of this section clearly contemplates that decision of zoning board of adjustment shall be in writing. In re Knapp, 152 Vt. 59, 564 A.2d 1064 (1989).

9. Findings.

Because defendant-landowner failed to take advantage of his exclusive remedy of appealing the decision of the zoning board of adjustment to the Superior Court within 30 days, he was precluded from collaterally attacking the granting of plaintiff-town's summary judgment motion by claiming that the decision did not include any findings of fact. Town of Hinesburg v. Dunkling, 167 Vt. 514, 711 A.2d 1163 (1998).

The fact that a timely denial of an appeal by a zoning board of adjustment is based upon inadequate findings does not make such a denial equivalent to a failure to render a decision within 45 days as required by subsection (a) of this section. City of Rutland v. McDonald's Corp., 146 Vt. 324, 503 A.2d 1138 (1985).

The Legislature did not intend the 45-day rule of subsection (a) of this section to insulate from review timely decisions based upon inadequate findings. City of Rutland v. McDonald's Corp., 146 Vt. 324, 503 A.2d 1138 (1985).

10. Failure to appeal.

Plaintiffs who failed to challenge zoning board's denial of application for a variance by the exclusive remedy of direct appeal became bound by that denial, and Superior Court was without jurisdiction to declare the request for a variance granted by operation of law in accordance with subsection (a) of this section, notwithstanding the board's failure to make adequate findings in support of its decision. McGlynn v. Town of Woodbury, 148 Vt. 340, 533 A.2d 1187 (1987).

Cited. In re 66 North Main Street, 145 Vt. 1, 481 A.2d 1053 (1984); In re Mullestein, 148 Vt. 170, 531 A.2d 890 (1987); In re Spencer, 152 Vt. 330, 566 A.2d 959 (1989); Reid v. Town of Charlotte, 160 Vt. 606, 648 A.2d 813 (mem.) (1993); In re Lionni, 160 Vt. 625, 648 A.2d 832 (mem.) (1993).

Law review commentaries

Law review. Zoning variance administration in Vermont, see 8 Vt. L. Rev. 371 (1983).

§ 4470a. Misrepresentation; material fact.

An administrative officer or appropriate municipal panel may reject an application under this chapter, including an application for a telecommunications facility, that misrepresents any material fact. After notice and opportunity for hearing in compliance with 3 V.S.A. § 809 , an appropriate municipal panel may award reasonable attorney's fees and costs to any party or person who may have become a party but for the false or misleading information or who has incurred attorney's fees or costs in connection with the application.

Added 2009, No. 54 , § 48, eff. June 1, 2009.

§ 4471. Appeal to Environmental Division.

Participation required. An interested person who has participated in a municipal regulatory proceeding authorized under this title may appeal a decision rendered in that proceeding by an appropriate municipal panel to the Environmental Division. Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, evidence or a statement of concern related to the subject of the proceeding. An appeal from a decision of the appropriate municipal panel, or from a decision of the municipal legislative body under subsection 4415(d) of this title, shall be taken in such manner as the Supreme Court may by rule provide for appeals from State agencies governed by 3 V.S.A. §§ 801-816 , unless the decision is an appropriate municipal panel decision which the municipality has elected to be subject to review on the record.
Appeal on the record. If the municipal legislative body has determined (or been instructed by the voters) to provide that appeals of certain appropriate municipal panel determinations shall be on the record, has defined what magnitude or nature of development proposal shall be subject to the production of an adequate record by the panel, and has provided that the Municipal Administrative Procedure Act shall apply in these instances, then an appeal from such a decision of an appropriate municipal panel shall be taken on the record in accordance with the Vermont Rules of Civil Procedure.
Notice. Notice of the appeal shall be filed by certified mailing, with fees, to the Environmental Division and by mailing a copy to the municipal clerk or the administrative officer, if so designated, who shall supply a list of interested persons to the appellant within five working days. Upon receipt of the list of interested persons, the appellant shall, by certified mail, provide a copy of the notice of appeal to every interested person, and, if any one or more of those persons are not then parties to the appeal, upon motion they shall be granted leave by the Division to intervene.
Local Act 250 review. Notwithstanding the provisions of subsection (a) of this section, decisions of a development review board under section 4420 of this title, with respect to local Act 250 review of municipal impacts, are not subject to appeal, but shall serve as presumptions under the provisions of 10 V.S.A. chapter 151.
Neighborhood development area. Notwithstanding subsection (a) of this section, a determination by an appropriate municipal panel shall not be subject to appeal if the determination is that a proposed residential development within a designated downtown development district, designated growth center, designated Vermont neighborhood, or designated neighborhood development area seeking conditional use approval will not result in an undue adverse effect on the character of the area affected under subdivision 4414(3) of this title.
Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1971, No. 185 (Adj. Sess.), § 205, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1993, No. 232 (Adj. Sess.), § 48, eff. March 15, 1995; 1999, No. 112 (Adj. Sess.), § 1; 2003, No. 115 (Adj. Sess.), § 107; 2007, No. 176 (Adj. Sess.), § 9, eff. May 28, 2008; 2009, No. 154 (Adj. Sess.), § 236; 2015, No. 51 , § F.6.

History

2004. In subsec. (b), substituted "Vermont Rules of Civil Procedure" for "Rules of Civil Procedure" to conform reference to V.S.A. style.

Amendments--2015. Subsec. (e): Substituted "Neighborhood development area" for "Vermont neighborhood" in the heading, and added "or designated neighborhood development area" following "designated Vermont neighborhood" near the end of the second sentence.

Amendments--2009 (Adj. Sess.) Substituted "environmental division" for "environmental court" in the heading and in subsecs. (a) and (c).

Amendments--2007 (Adj. Sess.). Subsec. (e): Added.

Amendments--1999 (Adj. Sess.). Subsec. (a): Amended generally.

Amendments--1993 (Adj. Sess.). Section amended generally.

Amendments--1973 (Adj. Sess.). Substituted "superior court" for "county court".

Amendments--1971 (Adj. Sess.). Rephrased and provided for appeal pursuant to rule.

ANNOTATIONS

Analysis

1. Construction with other laws.
2. Standing.
3. Notice of appeal.
4. When appeal perfected.
5. Scope of review.
6. Standards of review.
7. Remedies.
8. Damages.
9. Failure to appeal.
10. Intervention.
11. Time limits.

1. Construction with other laws.

Abutting property owners were required to file a timely appeal from planning commission's decision approving site plan, even though zoning board proceedings were not yet completed. In re Miller, 170 Vt. 64, 742 A.2d 1219 (1999).

Trial court should not have relied on section 815 of Title 3, State Administrative Procedure Act (APA), as basis for remanding denial of subdivision and site plan approval back to planning commission; court's application of section 815 by cross reference from this section was mistaken in that this section fell far short of incorporating the APA into appeals from decisions of other-than-State entities, and applicable procedural rule nowhere provided for remand or incorporation of other APA procedure. In re Maple Tree Place, 156 Vt. 494, 594 A.2d 404 (1991).

Claim under 42 U.S.C. § 1983, providing for civil action for one deprived of rights under color of state law, is not dependent upon zoning appeal mechanism set out in this subchapter and accordingly, complaint relying on the federal statute, of persons denied permit to house small used car business in their garage, was properly before the court. Harvey v. Town of Waitsfield, 137 Vt. 80, 401 A.2d 900 (1979).

2. Standing.

Where it was conceded that a party opposing a subdivision proposal participated in the preliminary plat review hearing before the development review board, that participation gave her standing to appeal from the approval of the subdivision permit. The Environmental Court erred in dismissing the appeal. In re Carroll, 181 Vt. 383, 925 A.2d 990 (March 9, 2007).

Municipalities have a right to appeal decisions of their zoning boards only if the town plan or a municipal bylaw is at issue in the case. Sabourin v. Town of Essex, 146 Vt. 419, 505 A.2d 669 (1985).

3. Notice of appeal.

Failure to file timely notice of an appeal brought under this section deprives the Environmental Court of jurisdiction over that appeal. In re Gulli, 174 Vt. 580, 816 A.2d 485 (mem.) (2002).

Failure to file notice of appeal brought under 24 V.S.A. § 4471 with the clerk or other officer of the tribunal from, within the required time, deprives the court of jurisdiction over the appeal. Mohr v. Village of Manchester, 161 Vt. 562, 641 A.2d 89 (mem.) (1993).

That party appealing to Superior Court from decision of board of adjustment failed to furnish board with sufficient copies of the notice of appeal to enable the clerk to serve all persons pursuant to rule was not fatal to validity of appeal. State Buildings Div. v. Town of Castleton Board of Adjustment, 138 Vt. 250, 415 A.2d 188 (1980).

Superior Court is without jurisdiction to hear appeals from boards of adjustment where there is no filing of notice of appeal with the board or where service with the board of the Superior Court complaint denominated as a notice of appeal is not timely; nor has the court jurisdiction where, following decision of the board of adjustment, a party brings a Superior Court action for declaratory and injunctive relief based on nonconstitutional grounds and a notice of appeal is not timely filed with the board. State Buildings Div. v. Town of Castleton Board of Adjustment, 138 Vt. 250, 415 A.2d 188 (1980).

Where required notice of appeal was not filed in lower tribunal as required by rule, review was foreclosed. Harvey v. Town of Waitsfield, 137 Vt. 80, 401 A.2d 900 (1979).

The purpose of a notice of appeal is to inform the parties and the tribunals concerned that the proceedings are not concluded, and to transfer jurisdiction to the appellate court. Badger v. Rice, 124 Vt. 82, 196 A.2d 503 (1963). (Decided under prior law.)

4. When appeal perfected.

Appeal under this section is perfected after appellant has performed all acts required of him creating right to transfer jurisdiction of cause to Superior Court. In re Maurice, 117 Vt. 264, 90 A.2d 440 (1952), (Decided under prior law.)

5. Scope of review.

Provisions of this section that an "adequate record" be produced, 24 V.S.A. § 1205(c), that proceedings of development review board "be recorded," and V.R.C.P. 74(d), that record on appeal shall consist of "a transcript of any oral proceedings," all as required for on-the-record review on appeal to the Environmental Court, were not satisfied by the board's simply keeping minutes of hearings; thus, the court did not err by conducting de novo hearing with regard to conditional use permit and variance applications. In re Dunnett, 172 Vt. 196, 776 A.2d 406 (2000).

Where the trial court denied the appellant's motion to intervene but did not explain what in the record, the court cannot review the trial court's exercise of discretion in denying the motion to intervene. Mohr v. Village of Manchester, 161 Vt. 562, 641 A.2d 89 (mem.) (1993).

So long as zoning board acts within the ambit of its variance authority, whether it has acted wisely or not is not a matter which the governing body can raise on appeal. Sabourin v. Town of Essex, 146 Vt. 419, 505 A.2d 669 (1985).

County court's consideration of landowner's appeal from decision of board of adjustment was limited to the issues presented by landowner's petition and town's answer. Brassard Bros., Inc. v. Barre Town Zoning Board of Adjustment, 128 Vt. 416, 264 A.2d 814 (1970), (Decided under prior law.)

6. Standards of review.

Courts should not interfere with a zoning board's denial of a variance unless the denial is shown to be clearly unreasonable, arbitrary, or capricious. Brassard Bros., Inc. v. Barre Town Zoning Board of Adjustment, 128 Vt. 416, 264 A.2d 814 (1970).

Courts will not interfere with zoning or administrative action concerning special uses, variances, exceptions, and nonconforming uses unless they are clearly unreasonable, irrational, arbitrary, or discriminatory. City of Rutland v. Keiffer, 124 Vt. 357, 205 A.2d 400 (1964); DeWitt v. Town of Brattleboro Zoning Board of Adjustment, 128 Vt. 313, 262 A.2d 472 (1970), (Decided under prior law.)

7. Remedies.

On a properly commenced appeal from the decision of a board of adjustment, the Superior Court can grant declaratory and injunctive relief in conjunction with its de novo hearing. State Buildings Div. v. Town of Castleton Board of Adjustment, 138 Vt. 250, 415 A.2d 188 (1980).

An order to show cause can issue only after the commencement of an action, which is accomplished in zoning appeals to Superior Court from board of adjustment by filing with the board of adjustment, so that issuance of order to board to show cause was error where issued prior to service of complaint on the board, and court had no jurisdiction. State Buildings Div. v. Town of Castleton Board of Adjustment, 138 Vt. 250, 415 A.2d 188 (1980).

8. Damages.

Having demonstrated standing by virtue of her status as an interested person as defined by section 4464 of this title, plaintiff satisfied all prerequisites to relief at law or equity, and her ability to request a mandatory injunction to compel defendant to remove a structure erected after defendant received an improperly issued zoning variance was in no way impaired by the absence of special damages. In re Gadhue, 149 Vt. 322, 544 A.2d 1151 (1987).

Where zoning board of adjustment granted application for a variance in zoning regulations to permit operation of beach property as private beach, and objecting landowners appealed to county court, and landowners applied to county court to issue temporary restraining order to prevent development of beach property, and thereafter county court confirmed action taken by board and dissolved temporary restraining order, county court had no jurisdiction to award damages because of the temporary restraining order obtained by objecting landowners. In re Crescent Beach Ass'n, 126 Vt. 448, 236 A.2d 497 (1967). (Decided under prior law.)

9. Failure to appeal.

Where landowners brought declaratory judgment action attacking rezoning and on suggestion of court applied for and were denied a variance and did not appeal the denial as provided by this section, review of denial failed for lack of proper appeal, and rezoning and its effect on landowners' property could not be attacked unless violation of constitutional right of landowners and alleged, in which case, under statute, administrative hearing is not required and case can be heard by Superior Court. Galanes v. Town of Brattleboro, 136 Vt. 235, 388 A.2d 406 (1978).

10. Intervention.

Where intervention in an appeal to the Environmental Court from final plat approval is timely, is not sought for an improper purpose, such as curing a jurisdictional defect, and is done simply to protect the interests of the intervening party, a court should not dismiss the appeal simply because the original party appealing is unable or unwilling to proceed with the case. In re Garen, 174 Vt. 151, 807 A.2d 448 (2002).

Although intervention under the statute is a matter of right, the Environmental Court still may deny a motion to intervene if it is not made within a reasonable time period. In re Garen, 174 Vt. 151, 807 A.2d 448 (2002).

Motion to intervene that came twenty-two days after the original notice of appeal and prior to the filing of the statement of issues on appeal was not untimely or otherwise improperly granted. In re Garen, 174 Vt. 151, 807 A.2d 448 (2002).

Environmental Court properly denied intervenors' request to file their own separate statement of issues on appeal because an appeal to the Environmental Court is confined to the issues raised in the statement of questions filed pursuant to an original notice of appeal. In re Garen, 174 Vt. 151, 807 A.2d 448 (2002).

11. Time limits.

The statute allowing an appeal to the Environmental Court by "[a]n interested person who has participated in a municipal regulatory proceeding" does not specify when the interested party must participate as long as it is within the proceeding. For subdivision proceedings, participation at preliminary plat review implements the intent of the Legislature, as does participation at final plat review. In re Carroll, 181 Vt. 383, 925 A.2d 990 (March 9, 2007).

Nothing in the language of the statute allowing an appeal to the Environmental Court suggests that one proceeding ends, and another begins, solely because the development review board renders an appealable decision. In fact, the statutory language giving the right to appeal "a decision rendered in that proceeding" suggests that there can be more than one appealable decision within a proceeding. The appealability of preliminary plat approval, if such a right of appeal exists, does not affect whether preliminary plat and final plat approval are part of the same proceeding. In re Carroll, 181 Vt. 383, 925 A.2d 990 (March 9, 2007).

Cited. Town of Waterford v. Pike Industries, 135 Vt. 193, 373 A.2d 528 (1977); McLaughry v. Town of Norwich, 140 Vt. 49, 433 A.2d 319 (1981); In re Patch, 140 Vt. 158, 437 A.2d 121 (1981); Gadhue v. Marcotte, 141 Vt. 238, 446 A.2d 375 (1982); Fleury v. Town of Essex Zoning Board of Adjustment, 141 Vt. 411, 449 A.2d 958 (1982); In re Maurice Memorials, 142 Vt. 532, 458 A.2d 1093 (1983); In re 66 North Main Street, 145 Vt. 1, 481 A.2d 1053 (1984); City of Rutland v. McDonald's Corp., 146 Vt. 324, 503 A.2d 1138 (1985); Boutwell v. Town of Fair Haven, 148 Vt. 8, 527 A.2d 225 (1987); McGlynn v. Town of Woodbury, 148 Vt. 340, 533 A.2d 1187 (1987); Chioffi v. Winooski Zoning Board, 151 Vt. 9, 556 A.2d 103 (1989); In re McDonald's Corp., 151 Vt. 346, 560 A.2d 362 (1989); Bloomberg v. Edlund Co., 151 Vt. 559, 563 A.2d 995 (1989); In re Knapp, 152 Vt. 59, 564 A.2d 1064 (1989); Levy v. Town of St. Albans Zoning Board of Adjustment, 152 Vt. 139, 564 A.2d 1361 (1989); Nash v. Warren Zoning Board of Adjustment, 153 Vt. 108, 569 A.2d 447 (1989); In re Torres, 154 Vt. 233, 575 A.2d 193 (1990); In re Duncan, 155 Vt. 402, 584 A.2d 1140 (1990); In re Agency of Transportation, 157 Vt. 203, 596 A.2d 358 (1991); Leo's Motors, Inc. v. Town of Manchester, 158 Vt. 561, 613 A.2d 196 (1992); In re Lionni, 160 Vt. 625, 648 A.2d 832 (mem.) (1993); Valley Disposal, Inc. v. Central Vermont Solid Waste Management District, 31 F.3d 89 (2d Cir. 1994); Rossetti v. Chittenden County Transportation Authority, 165 Vt. 61, 674 A.2d 1284 (1996); In re Gaboriault, 167 Vt. 583, 704 A.2d 1163 (mem.) (1997); Fenwick v. City of Burlington, 167 Vt. 425, 708 A.2d 561 (1997); Town of Hinesburg v. Dunkling, 167 Vt. 514, 711 A.2d 1163 (1998).

Law review commentaries

Law review. Zoning variance administration in Vermont, see 8 Vt. L. Rev. 371 (1983).

§ 4472. Exclusivity of remedy; finality.

Except as provided in subsections (b) and (c) of this section, the exclusive remedy of an interested person with respect to any decision or act taken, or any failure to act, under this chapter or with respect to any one or more of the provisions of any plan or bylaw shall be the appeal to the appropriate panel under section 4465 of this title, and the appeal to the Environmental Division from an adverse decision upon such appeal under section 4471 of this title. The appeal to the Environmental Division, if not on the record, as allowed under section 4471 of this title, shall be governed by the Vermont Rules of Civil Procedure and such interested person shall be entitled to a de novo trial in the Environmental Division. If the appeal to the Environmental Division is on the record, according to the provisions of section 4471 of this title, it shall be governed by the Vermont Rules of Civil Procedure. Whether proceeding on the record or de novo, the court shall have and may exercise all powers and authorities of a Superior Court.
The remedy of an interested person with respect to the constitutionality of any one or more of the provisions of any bylaw or municipal plan shall be governed by the Vermont Rules of Civil Procedure with a de novo trial in the Superior Court, unless the issue arises in the context of another case under this chapter, in which instance it may be raised in the Environmental Division. In such cases, hearings before the appropriate municipal panel shall not be required. This section shall not limit the authority of the Attorney General to bring an action before the Environmental Division under section 4453 of this title, with respect to challenges to housing provisions in bylaws.
The provisions of this section shall not be construed as preventing appeals to the Supreme Court in accordance with the Vermont Rules of Civil Procedure and the Vermont Rules of Appellate Procedure.
Upon the failure of any interested person to appeal to an appropriate municipal panel under section 4465 of this title, or to appeal to the Environmental Division under section 4471 of this title, all interested persons affected shall be bound by that decision or act of that officer, the provisions, or the decisions of the panel, as the case may be, and shall not thereafter contest, either directly or indirectly, the decision or act, provision, or decision of the panel in any proceeding, including any proceeding brought to enforce this chapter.
Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1973, No. 255 (Adj. Sess.), § 3, eff. April 9, 1974; 1973, No. 261 , (Adj. Sess.), § 8, 1993, No. 232 (Adj. Sess.), § 49, eff. March 15, 1995; 2003, No. 115 (Adj. Sess.), § 107; 2009, No. 154 (Adj. Sess.), § 236.

History

2004. In subsec. (a), substituted "Vermont Rules of Civil Procedure" for "Rules of Civil Procedure" to conform reference to V.S.A. style.

Amendments--2009 (Adj. Sess.) Substituted "environmental division" for "environmental court" throughout this code section.

Amendments--1993 (Adj. Sess.). Subsec. (a): Amended generally.

Amendments--1973 (Adj. Sess.). Subsec. (a) Act No. 255 added "except as provided in subsection (b) and (c) hereof" at the beginning of the subsec. and added the second sentence.

Act No. 193 substituted "superior court" for "county court".

Subsec. (b): Act No. 255 redesignated former subsec. (b) as subsec. (d) and added a new subsec. (b).

Act No. 193 substituted "superior court" for "county court".

Subsec. (c): Added by Act No. 255.

Act No. 193 substituted "superior courts" for "county courts".

Act. No. 261 substituted "section" for "subchapter" following "provisions of this".

Subsec. (d): Act No. 255 redesignated former subsec. (b) as subsec. (d).

Act No. 193 substituted "superior court" for "county court".

ANNOTATIONS

Analysis

1. Constitutionality of section.
2. Construction with other laws.
3. Availability of remedy.
4. Exclusive remedy.
5. Standing.
6. Notice of appeal.
7. Scope of review.
8. Discretion of court.
9. Court's powers and duties.
10. De novo trial.
11. Evidence.
12. Constitutionality of bylaw or plan.
13. Failure to appeal.
14. Mandamus.
15. Particular cases.

1. Constitutionality of section.

This section, providing for trial de novo in Superior Court on appeal from decision of local zoning board, does not violate separation of powers provision of chapter II, section 5 of the Vermont Constitution by allowing court to perform legislative or executive function; rather, local zoning board performs quasi-judicial function. Chioffi v. Winooski Zoning Board, 151 Vt. 9, 556 A.2d 103 (1989).

2. Construction with other laws.

A civil action for unconstitutional deprivation of property, in violation of 42 U.S.C. § 1983, is not dependent on the zoning appeal mechanism set out in this section; consequently, even though a person who has been denied a subdivision application chooses not to take an appeal to the Superior Court for a trial de novo pursuant to this section, he or she may potentially bring an action under 42 U.S.C. § 1983 for violation of his or her constitutional rights. Littlefield v. Town of Colchester, 150 Vt. 249, 552 A.2d 785 (1988).

3. Availability of remedy.

4. Exclusive remedy.

Plaintiff's exclusive remedy for his claim of a possible conflict of interest arising under the Municipal Administrative Procedure Act was to appeal the development review board's decision to the Environmental Division. Plaintiff did appeal this determination to the Environmental Division, and it in turn remanded the complaint to the board; in so remanding, plaintiff's alleged due process violations, namely his right to a fair hearing before the board, were remedied. Pease v. Windsor Development Review Board, 190 Vt. 639, 35 A.3d 1019 (mem.) (2011).

While neither the bylaws, subdivision regulations, nor the Vermont Planning and Development Act expressly prohibit applications to amend final subdivision permits, the enacted, unappealed subdivision permit conditions that are the subject of a subsequent amendment application are considered final and cannot be collaterally challenged under the explicit and interpreted directive of this section. In re Hildebrand, 181 Vt. 568, 917 A.2d 478 (mem.) (January 16, 2007).

Absent any clear indication that a zoning administrator's approval of a fish and game club's permit application for previous construction intended to serve as a conditional use permit, which could only be granted by the town's development review board (DRB) under a zoning regulation, the Environmental Court did not err in interpreting the unappealed permit to grant only that which the club's application expressly requested-approval of previous construction. Thus, under the exclusivity-of-remedy provision in subsection (d) of this section, landowners were precluded from challenging the previous construction listed on the permit application and approved by the zoning administrator, but the zoning administrator's error did not transform the club's operation of a shooting range from a nonconforming use as a recreational facility to a conforming use within the zoning district. Accordingly, because the Environmental Court concluded from the evidence presented that the club's use of the facilities had expanded or intensified from its historic levels, it did not err in concluding that the club was required to seek approval from the DRB for that increased use. In re Smith, 179 Vt. 636, 898 A.2d 1251 (mem.) (April 24, 2006).

Plaintiffs seeking to enjoin neighbors from maintaining junkyard were not required to exhaust administrative remedies by first appealing to zoning board of adjustment, since appeals process was not adequate to afford relief plaintiffs were appropriately seeking. Reid v. Town of Charlotte, 160 Vt. 606, 648 A.2d 813 (mem.) (1993).

Under this section, exclusive remedy to challenge the validity of a zoning ordinance is on appeal from a decision by the zoning administrator's order issuing citations for violation, and validity of the ordinance may not be challenged in a subsequent enforcement proceeding. Town of Sandgate v. Colehamer, 156 Vt. 77, 589 A.2d 1205 (1990).

Writ of mandamus was properly denied to plaintiff challenging actions of zoning board; because plaintiff did not challenge the board's actions by timely appeal, alternative relief was foreclosed even if the board's action were ultra vires. Phillips Construction Services, Inc. v. Town of Ferrisburg, 154 Vt. 483, 580 A.2d 50 (1990).

The phrase "exclusive remedy," as used in this section, is a jurisdictional limitation and not a limitation on the remedies available in the Superior Court after proper commencement of an appeal. State Buildings Div. v. Town of Castleton Board of Adjustment, 138 Vt. 250, 415 A.2d 188 (1980).

Declaratory judgment action seeking Superior Court reversal of decision of Zoning Board of Adjustment was properly dismissed where this section provided that exclusive remedy was appeal to Superior Court from adverse board of adjustment decision. Shortle v. Bd. of Zoning Adjust. of Rutland, 136 Vt. 202, 388 A.2d 430 (1978).

5. Standing.

It is at best doubtful that a town planning commission, as such, has standing to appeal a reversal of its own decision. Smith v. Winhall Planning Commission, 140 Vt. 178, 436 A.2d 760 (1981).

The decisions of a town planning commission are appealable in the same manner as decisions of a zoning board of adjustment, and are governed by statute which speaks in terms of appeals "by an interested person"; the tribunal making the initial decision can scarcely be said to meet that qualification. Smith v. Winhall Planning Commission, 140 Vt. 178, 436 A.2d 760 (1981).

6. Notice of appeal.

Where required notice of appeal to higher tribunal was not filed in lower tribunal as required by rule, review was foreclosed. Harvey v. Town of Waitsfield, 137 Vt. 80, 401 A.2d 900 (1979).

7. Scope of review.

Where defendant appealed planning commission's denial of four proposed alterations to building in design control district, and Village of Woodstock did not cross-appeal, court erred in concluding that entire application was before it on appeal, including alterations that were approved by commission; court's review was limited to the four items raised in notice of appeal. Village of Woodstock v. Bahramian, 160 Vt. 417, 631 A.2d 1129 (1993).

The reach of the Superior Court in zoning appeals is as broad as the powers of a zoning board of adjustment or a planning commission, but it is not broader. In re Torres, 154 Vt. 233, 575 A.2d 193 (1990).

8. Discretion of court.

Where sole zoning regulation relating to landscaping makes it discretionary with planning commission whether to impose any landscaping requirement, and if landscaping is required a strip of land at least 10 feet wide has to be left all around for landscaping, in a de novo hearing following appeal of administrative decision the same absolute discretion rests in the court and court must enforce the 10 foot minimum if in its discretion it imposes any landscaping requirement. In re Poole, 136 Vt. 242, 388 A.2d 422 (1978).

9. Court's powers and duties.

Where, on appeal from issuance of zoning permit, finding acknowledged that evidence suggested that proposed signs for restaurant did not comply with zoning regulations, and conclusion assumed that the signs were not in conformity with the regulations but concluded that planning commission had jurisdiction to correct the situation, there was error requiring remand from Supreme Court to lower court as under the de novo trial lower court had duty to enforce and the power to condition or waive the zoning regulations and could not abrogate its duty by leaving the issue to the planning commission. In re Poole, 136 Vt. 242, 388 A.2d 422 (1978).

10. De novo trial.

Superior Court did not exceed its subject matter jurisdiction on de novo review of application for site plan approval when it determined road fronting proposed subdivision lots to be a "public road" accepted and dedicated by city, a threshold requirement for site plan approval. In re Carrier, 155 Vt. 152, 582 A.2d 110 (1990).

Where, following de novo hearing on appeal from decisions of two administrative tribunals, court merely affirmed decisions below, error requiring remand occurred and on remand proper order should be made setting forth the conditions and restrictions with which appellees must comply in building fast food franchise. In re Poole, 136 Vt. 242, 388 A.2d 422 (1978).

Substantial similarity between findings of Superior Court and those of the two administrative bodies whose decisions were on review did not demonstrate that court merely reviewed the boards' findings in an appellate manner in disregard of its duty to conduct a de novo hearing where evidence had been presented which supported all the court's findings and Supreme Court could not say as a matter of law that the court failed to make its own determination of the probative effect of the competent evidence before it; but better procedure would have been to couch the findings in court's own language. In re Poole, 136 Vt. 242, 388 A.2d 422 (1978).

11. Evidence.

Where it was claimed that de novo hearing was wrongly withheld and that appellate court should not have admitted evidence of findings and conclusions of administrative tribunals below, the admission was not error if there was evidence before the court supporting all its findings and conclusions; and where record showed all facts found were put into evidence, all of the evidence could be said to have been heard anew. In re Poole, 136 Vt. 242, 388 A.2d 422 (1978).

12. Constitutionality of bylaw or plan.

Where automotive garage owners reasserted their zoning claim in Superior Court in vague constitutional terms rather than challenging constitutionality of ordinance, owners did not satisfy limited exception to provision stating that exclusive remedy of appeal from zoning administrator decision was to zoning board of adjustment. Town of Charlotte v. Richmond, 158 Vt. 354, 609 A.2d 638 (1992).

Claimed failure of town to follow statutory procedures for adoption of zoning ordinance could not be a basis for review under this section's provision that remedy of interested person as to constitutionality of a provision of a bylaw or development plan shall be governed by Vermont Rules of Civil Procedure with de novo trial in Superior Court. Harvey v. Town of Waitsfield, 137 Vt. 80, 401 A.2d 900 (1979).

13. Failure to appeal.

Because a letter sent to the initial complainant by an employee in the Burlington Code Enforcement Office with a title of "zoning specialist" was not a decision of the zoning administrator, the complainant did not have to appeal it to the development review board (DRB) to avoid the invocation of the provision pertaining to unappealed decisions. As a result, the provision did not preclude neighbors from requesting that the zoning administrator enforce the zoning ordinance against applicants and from appealing to the DRB from the zoning administrator's decision that a permit was not needed. In re Burns Two-Unit Residential Bldg., 202 Vt. 234, 148 A.3d 568 (2016).

Even if the approval of a subdivision application by the development review board (DRB) was ultra vires, as a neighbor contended, the policy of repose imposed by statute and by the court did not allow the neighbor to collaterally challenge the subdivision approval at the Environmental Division level because he had not appealed the decision to the DRB. In re Musty Permit, 191 Vt. 483, 49 A.3d 158 (2012).

When a town erroneously informs a landowner that a proposed use is not permitted, the landowner then submits a conditional-use application rather than a site-plan application in reliance on that representation, and the town then amends its regulations to explicitly bar the use it maintained was not permitted, the applicant has a right to apply for site-plan approval with the benefit of the original use determination. Interested parties who received notice of the conditional-use determination and subsequent appeal of that determination but chose not to participate may not later contest issues necessarily decided therein, such as the determination that a convenience store with gas pumps is a permitted use. In re Sisters & Bros. Inv. Group, 186 Vt. 103, 978 A.2d 448 (2009).

Where property owners showed that valid certificates of occupancy for were issued by a city, and asserted that these extended to all aspects of the project that were plainly visible to the issuing administrative officer at the time of his inspection, because the city approved of particular areas, as built, when it issued the certificates, though this may have been an error on the administrative officer's part, subsection (a) of this section mandates the procedure for correcting such an error, and the city's failure to follow that procedure precluded it from enforcing violations regarding the areas it approved three years earlier. In re Tekram Partners, 178 Vt. 628, 883 A.2d 1160 (mem.) (July 28, 2005).

Department of Corrections was barred by this section from challenging the validity of a city's zoning decision that has not been properly appealed through mechanisms provided by the municipal planning and development statutes. City of South Burlington v. Department of Corr., 171 Vt. 587, 762 A.2d 1229 (mem.) (2000).

Zoning administrator's referral of permit application to planning commission did not constitute a decision on the merits triggering fifteen-day appeals period, and therefore zoning board was not barred from requiring that developers obtain conditional use approval for renovation of gas stations. Wesco, Inc. v. City of Montpelier, 169 Vt. 520, 739 A.2d 1241 (1999).

While a business could not claim that its current uses conformed to a zoning ordinance, and therefore were lawful, because it failed to take a timely appeal from either the notice of violation or the cease-and-desist order of the zoning administrator, its failure to appeal from these notices did not prevent the business from seeking a permit to make its multiple uses lawful. In re Newton Enterprises, 167 Vt. 459, 708 A.2d 914 (1998).

Federal constitutional claim that denial of zoning permit and variance applications denied plaintiff all practical use of his property was barred where plaintiff failed to appeal the zoning board decisions and instead raised claim in collateral declaratory judgment action. Hinsdale v. Village of Essex Junction, 153 Vt. 618, 572 A.2d 925 (1990).

This section prohibits collateral attack on decision of zoning board that was not appealed, even if decision was void ab initio. Levy v. Town of St. Albans Zoning Board of Adjustment, 152 Vt. 139, 564 A.2d 1361 (1989).

If a board or court were to entertain an appeal from the denial of an application for a variance previously denied and not appealed, subsection (d) of this section would deprive the tribunal of subject matter jurisdiction. Boutwell v. Town of Fair Haven, 148 Vt. 8, 527 A.2d 225 (1987).

Plaintiffs who failed to challenge zoning board's denial of application for a variance by the exclusive remedy of direct appeal became bound by that denial, and Superior Court was without jurisdictions to declare the request for a variance granted by operation of law in accordance with section 4470(a) of this title, notwithstanding the board's failure to make adequate findings in support of its decision. McGlynn v. Town of Woodbury, 148 Vt. 340, 533 A.2d 1187 (1987).

Where applicant for zoning variance failed to challenge denial of appeal by board of adjustment by the exclusive remedy of direct appeal, under subsection (d) of this section applicant became bound by the denial. City of Rutland v. McDonald's Corp., 146 Vt. 324, 503 A.2d 1138 (1985).

Provision of this section that, in absence of an appeal, all interested parties are bound by the decision or act and are barred from directly or indirectly contesting it did not apply either to grant of building permit or to ruling of administrator that no zoning permit was required, where plaintiff town was not contesting either the grant of the permit or the ruling, but rather, was claiming that the bounds of both were being exceeded by defendant, to whom the permit and ruling were given. Town of Bennington v. Hanson-Walbridge Funeral Home, Inc., 139 Vt. 288, 427 A.2d 365 (1981).

Failure to appeal from administrative tribunal's denial of variance did not prevent landowner, in town's action to enjoin certain use of land, from raising defense of nonconforming use. Town of Shelburne v. Kaelin, 136 Vt. 248, 388 A.2d 398 (1978).

Where landowners brought declaratory judgment action attacking rezoning and on suggestion of court applied for and were denied a variance and did not appeal the denial as provided by statute, review of denial failed for lack of proper appeal, and rezoning and its effect on landowners' property could not be attacked unless violation of constitutional right of landowners was alleged, in which case, under statute, administrative hearing is not required and case can be heard by Superior Court. Galanes v. Town of Brattleboro, 136 Vt. 235, 388 A.2d 406 (1978).

14. Mandamus.

Petitioners were not required to appeal town zoning administrator's refusal to enforce town zoning regulations prior to seeking writ of mandamus where they had appealed administrator's decision to issue conditional use permit, Superior Court had determined that conditional use permit would violate zoning regulations, and town continued to refuse to follow the law, despite court's order. In re Fairchild, 159 Vt. 125, 616 A.2d 228 (1992).

15. Particular cases.

Because appellant had not appealed from the final certificate of compliance with arborvitae-screening requirements issued to a permit applicant, but only from the issuance of the second temporary certificate, his appeal alleging injury from the granting of the final certificate was a collateral attack on a zoning decision barred by the zoning exclusivity-of-remedy provision. In re Hopkins Certificate of Compliance, - Vt. - , 237 A.3d 661 (2020).

Although there was a permit issued by a zoning board of appeals with preclusive effect, as the second step of review was conducted on a proposal that was significantly different from that approved by the Environmental Court, and there was no analysis of the differences from the permit conducted or a finding of the necessary substantial change, approval under the successive-application doctrine was not warranted. In re Application of Lathrop L.P. I, 199 Vt. 19, 121 A.3d 630 (2015).

Cited. In re Rhodes, 131 Vt. 308, 305 A.2d 591 (1973); Rhodes v. Town of Woodstock, 132 Vt. 323, 318 A.2d 170 (1974); Town of Waterford v. Pike Industries, 135 Vt. 193, 373 A.2d 528 (1977); In re Zoning Permit of Patch, 140 Vt. 158, 437 A.2d 121 (1981); In re Maurice Memorials, 142 Vt. 532, 458 A.2d 1093 (1983); Mad River Valley Enterprises, Inc. v. Town of Warren Board of Adjustment, 146 Vt. 126, 499 A.2d 759 (1985); Montgomery v. Town of Sherburne, 147 Vt. 191, 514 A.2d 702 (1986); Terino v. Town of Hartford Zoning Board of Adjustment, 148 Vt. 610, 538 A.2d 160 (1987); Blow v. Town of Berlin Zoning Administrator, 151 Vt. 333, 560 A.2d 378 (1989); Bloomberg v. Edlund Co., 151 Vt. 559, 563 A.2d 995 (1989); Franklin County v. City of St. Albans, 154 Vt. 327, 576 A.2d 135 (1990); In re Duncan, 155 Vt. 402, 584 A.2d 1140 (1990); In re White, 155 Vt. 612, 587 A.2d 928 (1990); In re Robinson, 156 Vt. 199, 591 A.2d 61 (1990); In re Vermont National Bank, 157 Vt. 306, 597 A.2d 317 (1991); Stone v. Errecart, 165 Vt. 1, 675 A.2d 1322 (1996); Town of Randolph v. Estate of White, 166 Vt. 280, 693 A.2d 694 (1997); In re Gaboriault, 167 Vt. 583, 704 A.2d 1163 (mem.) (1997); Town of Hinesburg v. Dunkling, 167 Vt. 514, 711 A.2d 1163 (1998); In re Weeks, 167 Vt. 551, 712 A.2d 907 (1998); In re Sardi, 170 Vt. 623, 751 A.2d 772 (mem.) (2000); In re Dunnett, 172 Vt. 196, 776 A.2d 406 (2000).

Law review commentaries

Law review. Zoning variance administration in Vermont, see 8 Vt. L. Rev. 371 (1983).

§ 4473. Purpose; limitation.

It is the purpose of this chapter to provide for review of all questions arising out of or with respect to the implementation by a municipality of this chapter. Except as specifically provided herein, no board of adjustment or development review board may amend, alter, invalidate, or affect any development plan or bylaw of any municipality or the implementation or enforcement thereof, or allow any use not permitted by any zoning regulations or other bylaw.

Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1973, No. 255 , § 4, eff. April 11, 1974; 1993, No. 232 (Adj. Sess.), § 21, eff. March 15, 1995.

History

Amendments--1993 (Adj. Sess.). Inserted "or development review board" following "adjustment" in the second sentence.

Amendments--1973 (Adj. Sess.). Section amended generally.

ANNOTATIONS

Cited. In re Rhodes, 131 Vt. 308, 305 A.2d 591 (1973); Garzo v. Stowe Board of Adjustment, 144 Vt. 298, 476 A.2d 125 (1984); City of Rutland v. McDonald's Corp., 146 Vt. 324, 503 A.2d 1138 (1985); In re Gadhue, 149 Vt. 322, 544 A.2d 1151 (1987); Levy v. Town of St. Albans Zoning Board of Adjustment, 152 Vt. 139, 564 A.2d 1361 (1989); Valley Disposal, Inc. v. Central Vermont Solid Waste Management District, 31 F.3d 89 (2d Cir. 1994).

Law review commentaries

Law review. Zoning variance administration in Vermont, see 8 Vt. L. Rev. 371 (1983).

§ 4474. Clerk's certificate.

A certificate of the clerk of a municipality showing the publication, posting, consideration, and adoption of a plan, bylaw, capital budget, or program or amendment thereof shall be presumptive evidence of the facts as they relate to the lawful adoption of said plan, bylaw, capital budget, or program or amendment thereof, so stated in any action or proceeding in court or before any board, commission, or other tribunal.

Added 1973, No. 261 (Adj. Sess.), § 9; amended 1975, No. 164 (Adj. Sess.), § 10.

History

Amendments--1975 (Adj. Sess.). Added reference to capital budget or program.

§ 4475. Repealed. 2003, No. 115 (Adj. Sess.), § 119(c).

History

Former § 4475. Former § 4475, relating to appeals and planning commission decisions, was derived from 1973, No. 261 (Adj. Sess.), § 10; and amended by 1993, No. 232 (Adj. Sess.), § 22.

Annotations from Former § 4475.

1. Construction with other law.

2. Standing.

It is at best doubtful that a town planning commission, as such, has standing to appeal a reversal of its own decision. Smith v. Winhall Planning Commission, 140 Vt. 178, 436 A.2d 760 (1981).

3. Discretion of court.

4. Court's powers and duties.

5. De novo trial.

6. Evidence.

Cited. In re Patch, 140 Vt. 158, 437 A.2d 121 (1981); In re Vermont National Bank, 157 Vt. 306, 597 A.2d 317 (1991); In re Lionni, 160 Vt. 625, 648 A.2d 832 (mem.) (1993); In re Gaboriault, 167 Vt. 583, 704 A.2d 1163 (mem.) (1997); Fenwick v. City of Burlington, 167 Vt. 425, 708 A.2d 561 (1997); George v. Timberlake Assocs., 169 Vt. 641, 739 A.2d 1207 (mem.) (1999).

§ 4476. Formal review of regional planning commission decisions.

Formal review. A request for formal review of the sufficiency of an adopted regional plan or amendment, or for formal review of the decision of a regional planning commission with respect to the confirmation of a municipal planning effort, or the decision relating to approval of a municipal plan, shall be to the regional review panel created under section 4305 of this title. A request for formal review shall be filed within 21 days of adoption of the plan or amendment or the decision.
Standing. The following have standing to request formal review or become parties to formal review conducted under this section:
1. a person owning title to property affected by a decision of the regional planning commission who alleges that that decision imposes on that property unreasonable or inappropriate restrictions that significantly impair present or potential use under the particular circumstances of the case;
2. a municipality whose planning effort is the subject of a decision by the regional planning commission, any other municipality within the region, any municipality which adjoins the region, or a regional planning commission which adjoins the region;
3. any agency, department, or other governmental subdivision of the State owning property or an interest therein within a municipality listed in subdivision (2) of this subsection, and the Agency of Commerce and Community Development;
4. any 20 persons who by signed petition allege that the decision, if confirmed, will not be in accord with the requirements of this chapter, and who own or occupy real property located within any combination of the following:
  1. any municipality whose planning effort is the subject of the decision by the regional planning commission; or
  2. any municipality which adjoins a municipality whose planning effort is subject of the decision by the regional planning commission;
5. with respect to the sufficiency of an adopted or amended regional plan, any 20 persons who by signed petition allege that the plan or amendment is not in accord with the requirements of this chapter, and who own or occupy real property located within the area that includes the region and the municipalities that adjoin the region;
6. the regional planning commission whose plan, amendment, or decision is the subject of the request for formal review.
Procedure; regional review panel. Notice of formal review shall be sent by mail to the municipalities within the region, to the regional planning commission, and to the Agency of Commerce and Community Development and shall be accompanied by a statement of all reasons why the appellant believes the plan or opinion to be in error and all issues which the appellant believes to be relevant. Within 30 days of receipt of the notice of formal review, the date for a hearing shall be set and the council shall publish notice of the hearing in a newspaper of general circulation in the applicable region, and shall provide notice in writing of the hearing to individuals and organizations that had requested notice from the regional planning commission under section 4348 relating to the adoption of a regional plan. The appellant shall pay the costs of publication. The hearing shall be held within 45 days of receipt of the notice of formal review. Upon motion, for good cause shown, the panel may extend the date of the hearing. Within 20 days of adjournment of the hearing, the regional review panel shall issue a decision approving, conditionally approving, or disapproving the regional plan or amendment or the opinion with respect to confirmation of the municipal planning effort or approval of the municipal plan. The regional review panel shall be governed by the provisions for contested cases in 3 V.S.A. chapter 25.
Issues on formal review.
1. With respect to formal review of the sufficiency of an adopted or amended regional plan, the regional review panel shall determine:
  1. whether the plan contains the elements required by law;
  2. whether the plan is compatible with the plans of adjoining regions; and
  3. whether the plan is consistent with the goals established in section 4302 of this title.
2. With respect to formal review of a regional planning commission decision on the confirmation of a municipal planning effort, the regional review panel shall determine:
  1. whether the municipality is engaged in a continuing planning process that, within a reasonable time, will attain consistency with the goals established in section 4302 of this title; and
  2. whether the municipality is maintaining its efforts to provide local funds for municipal and regional planning purposes.
3. With respect to formal review of a regional planning commission decision on the approval or disapproval of a municipal plan, the regional review panel shall determine:
  1. whether the plan is consistent with the goals established in section 4302 of this title;
  2. whether the plan is compatible with its regional plan; and
  3. whether the plan is compatible with approved plans of other municipalities in the region.
Stays.
1. The filing of a notice of formal review shall not stay the effect of the plan or the decision of the regional planning commission, unless so ordered by the regional review panel.
2. If notice of formal review of the decision of a regional planning commission to approve or disapprove a municipal plan is filed prior to final adoption of the plan, the regional review panel shall stay formal review proceedings pending final adoption. The panel, however, may proceed with formal review upon the request of the municipality whose plan is the subject of the review.
Appeal to Supreme Court. An appeal from a decision of the regional review panel shall be to the Supreme Court.
Added 1987, No. 200 (Adj. Sess.), § 33, eff. July 1, 1989; amended 1989, No. 280 (Adj. Sess.),§§ 11, 11a; 1995, No. 190 (Adj. Sess.), § 1(a).

History

Amendments--1995 (Adj. Sess.) Substituted "agency of commerce and community development" for "agency of development and community affairs" in subdiv. (b)(3) and subsec. (c).

Amendments--1989 (Adj. Sess.). Subsec. (a): Inserted "decision relating to" preceding "approval" and deleted "or disapproval" thereafter in the first sentence.

Subsec. (b): Deleted "any" following "parties to" in the introductory paragraph, substituted "the" for "or subject to a" preceding "decision" in subdivs. (4)(A) and (4)(B), made a minor stylistic change at the end of subdiv. (4)(B) and added subdivs. (5) and (6).

Subsec. (e): Substituted "Stays" for "Stay" in the subsec. heading, designated the existing provisions of the subsec. as subdiv. (1) and added subdiv. (2).

Cross References

Cross references. Confirmation of municipal planning efforts and approval or disapproval of municipal plans, see § 4350 of this title.

Elements of regional plans, see § 4348a of this title.

Subchapter 12. Construction of Act, Saving Clause, Severability

History

Application. 2003, No. 115 (Adj. Sess.), § 119(a), provided: "Secs. 83 through 107 of this act pertaining to local planning and bylaws shall take effect July 1, 2004, except as provided in 24 V.S.A. § 4481."

§ 4480. Construction of chapter.

The provisions of this chapter shall not affect any act done, contract executed, or liability incurred prior to its effective date, or affect any suit or prosecution pending or to be instituted, to enforce any right, rule, regulation, or ordinance or to punish any offense against any such repealed laws or against any ordinance enacted under them. All ordinances, resolutions, regulations, and rules made under any act of the General Assembly repealed by this chapter shall continue in effect as if such act had not been repealed, except as otherwise specifically provided in this chapter.

Added 2003, No. 115 (Adj. Sess.), § 109.

§ 4481. Saving clause.

The amendment of this chapter and the repeal of prior enabling laws relating to zoning ordinances, subdivision regulations, or bylaws or any ordinance or regulation similar to a bylaw authorized by this chapter shall not invalidate any zoning ordinance, subdivision regulation, or bylaw or any such ordinance or regulation enacted under those prior enabling laws, except as follows. Effective September 1, 2005, the provisions of sections 4412 and 4413 of this title, and the provisions of subchapters 9, 10, and 11 of this chapter and the related definitions in section 4303 of this title, shall control over any inconsistent municipal regulations, ordinances, or bylaws. With respect to other provisions of this chapter, any previously enacted zoning ordinance, subdivision regulation, bylaw, or such similar ordinance or regulation shall be amended to conform with the provisions of this chapter by September 1, 2011.

Added 2003, No. 115 (Adj. Sess.), § 109.

History

2005. Substituted "4303" for "4302" to correct an incorrect statutory cross reference.

§ 4482. Severability.

If any provision of this chapter or the application of this chapter to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and for this purpose, the provisions of this chapter are severable.

Added 2003, No. 115 (Adj. Sess.), § 109.

§ 4483. Construction; limitation.

In reviewing the procedures used in the adoption, amendment, or repeal of any plan or bylaw, no court shall invalidate the plan or bylaw or its amendment or repeal because of a failure to adhere to strict and literal requirements of this chapter concerning minor or nonessential particulars. The court shall uphold the plan, bylaw, or action if there has been substantial compliance with the procedural requirements of this chapter.
No person shall challenge for purported procedural defects the validity of any plan or bylaw as adopted, amended, or repealed under this chapter after two years following the day on which it would have taken effect if no defect had occurred.
Added 2003, No. 115 (Adj. Sess.), § 109.

ANNOTATIONS

1. Applicability.

Because of its purpose and effect, the statutory provision stating that "upon the expiration of a plan, all bylaws and capital budgets and programs then in effect shall remain in effect, but shall not be amended until a plan is in effect" embodies a substantive - not procedural - requirement, and the statute of limitations for challenging purported procedural defects therefor does not apply to challenges premised on the provision. Therefore, a town was not time-barred from challenging the validity of an ordinance under the provision. In re Paynter 2-Lot Subdivision, 187 Vt. 637, 996 A.2d 219 (mem.) (2010).

§§ 4490-4496. Repealed. 2003, No. 115 (Adj. Sess.), § 119(c).

History

Former §§ 4490-4496. Former §§ 4490-4496, relating to construction of act, savings clause, and severability, were derived from 1967, No. 334 (Adj. Sess.), § 1; 1973, No. 261 (Adj. Sess.), § 11; 1981, No. 132 (Adj. Sess.), § 17; 1987, No. 200 (Adj. Sess.), § 31; 1997, No. 125 (Adj. Sess.), § 4 and amended by 1969, No. 116 , § 11; 1973, No. 6 ; 1973, No. 271 (Adj. Sess.), § 2; 1975, No. 104 , § 2; 1975, No. 225 (Adj. Sess.), § 1; 1993, No. 233 (Adj. Sess.), § 92; 1999, No. 46 , § 7; 1999, No. 83 (Adj. Sess.), § 1; and 2003, No. 42 , § 2.

Annotations from Former § 4491.

1. Construction.

This section does not exempt from the Vermont Planning and Development Act all land in which title can be traced to preexisting land grants; rather, the provision merely acknowledges that the Act would have no effect on preexisting, executed contracts concerning land use or development - such as contracts to convey parcels of land below the minimum acreage allowed under zoning regulations. Town of Grand Isle v. Patry, 176 Vt. 627, 852 A.2d 573 (2004), cert. denied, - U.S. - , 125 S. Ct. 187, 160 L. Ed. 2d 117 (2004).

Subsection (b) of this section does not require that an ordinance be adopted prior to the passage of this chapter. In re McCormick Management Co., 149 Vt. 585, 547 A.2d 1319 (1988).

Annotations from Former § 4494.

1. Timeliness.

Because challenge for purported procedural defects must be made within two years of date rule went into effect, defendant's contention that zoning ordinance was not properly adopted was untimely. Village of Woodstock v. Bahramian, 160 Vt. 417, 631 A.2d 1129 (1993).

Cited. In re McCormick Management Co., 149 Vt. 585, 547 A.2d 1319 (1988).

Subchapter 13. Annual Housing Reports

§ 4498. Housing budget and investment reports.

The Commissioner of Housing and Community Development shall:

Create a Vermont housing budget designed to assure efficient expenditure of State funds appropriated for housing development, to encourage and enhance cooperation among housing organizations, to eliminate overlap and redundancy in housing development efforts, and to ensure appropriate geographic distribution of housing funds. The Vermont housing budget shall include any State funds of $50,000.00 or more awarded or appropriated for housing. The Vermont housing budget and appropriation recommendations shall be submitted to the General Assembly annually on or before January 15. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the recommendations to be made under this subdivision, and the report shall include the amounts and purposes of funds appropriated for or awarded to the following:
1. The Vermont Housing and Conservation Trust Fund.
2. The Agency of Human Services.
3. The Agency of Commerce and Community Development.
4. Any other entity that fits the funding criteria.
Annually, develop a Vermont Housing Investment Plan in consultation with the Vermont Housing Council. The Housing Investment Plan shall be consistent with the Vermont consolidated plan for housing, in order to coordinate the investment of State, federal, and other resources, such as State appropriations, tax credits, rental assistance, and mortgage revenue bonds, to increase the availability and improve the quality of Vermont's housing stock. The Housing Investment Plan shall be submitted to the General Assembly, annually on January 15. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the Plan to be made under this subdivision, and the Plan shall:
1. target investments at single-family housing, mobile homes, multi-family housing, and housing for homeless persons and people with special needs;
2. recommend approaches that maximize the use of available State and federal resources;
3. identify areas of the State that face the greatest housing shortages; and
4. recommend strategies to improve coordination among State, local, and regional offices in order to remedy identified housing shortages.
  Added 2005, No. 189 (Adj. Sess.), § 12; amended 2013, No. 142 (Adj. Sess.), § 38.

History

Amendments--2013 (Adj. Sess.). Subdiv. (1): Substituted "January 15. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the recommendations to be made under this subdiv., and the report" for "January 15, and" following "annually on or before".

Subdiv. (2): Substituted "January 15. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the plan to be made under this subdiv., and the plan" for "January 15, and" following "annually on".

Subdiv. (2)(D): Inserted a comma following "local".

CHAPTER 118. CONSERVATION COMMISSIONS

Sec.

History

Revision note. Chapter was enacted as chapter 92 but was renumbered as chapter 118 to fit within the general scheme of section numbers in this title.

§ 4501. Creation of conservation commissions.

A conservation commission may be created at any time when a municipality votes to create one, or, if the charter of a municipality permits it, when the legislative body of the municipality votes to create one.

Added 1977, No. 250 (Adj. Sess.), § 1.

§ 4502. Membership; appointment; terms.

A conservation commission shall have not less than three nor more than nine members. All members shall serve without compensation, but may be reimbursed by the municipality for necessary and reasonable expenses. All members shall be residents of the municipality.
Members of the conservation commission shall be appointed, and any vacancy filled, by the legislative body of the municipality. The term of each member shall be for four years, except for those first appointed, whose terms shall be varied in length so that in the future the number whose terms expire in each successive year shall be minimized.
Added 1977, No. 250 (Adj. Sess.), § 1.

§ 4503. Removals; vacancies.

Any member of a conservation commission may be removed at any time for just cause by vote of the legislative body, for reasons given to him or her in writing and after a public hearing thereon if he or she so requests.
Any appointment to fill a vacancy shall be for the unexpired term.
Added 1977, No. 250 (Adj. Sess.), § 1.

§ 4504. Rules.

At its organizational meeting a conservation commission shall adopt by majority vote of those present and voting such rules as it deems necessary and appropriate for the performance of its functions. It shall annually elect a chair, a treasurer, and a clerk.
Times and places of meetings of a conservation commission shall be publicly posted in the municipality, and its meetings shall be open to the public.
A conservation commission shall keep a record of its transactions, which shall be filed with the town clerk as a public record of the municipality.
Added 1977, No. 250 (Adj. Sess.), § 1.

§ 4505. Powers and duties of conservation commissions.

Any conservation commission created under this chapter may:

make an inventory and conduct continuing studies of the natural resources of the municipality including:
1. air, surface and ground waters, and pollution thereof;
2. soils and their capabilities;
3. mineral and other earth resources;
4. streams, lakes, ponds, wetlands, and floodplains;
5. unique or fragile biologic sites;
6. scenic and recreational resources;
7. plant and animal life, especially the rare and endangered species;
8. prime agricultural and forest land, and other open lands;
make and maintain an inventory of lands within the municipality which have historic, educational, cultural, scientific, architectural, or archaeological values in which the public has an interest;
recommend to the legislative body of the municipality the purchase or the receipt of gifts of land or rights thereto, or other property, for the purposes of this chapter;
receive appropriations for operating expenses including clerical help by appropriation through the budget of the legislative body;
receive money, grants, or private gifts from any source, for the purposes of this chapter. Grants and gifts received by the trustee of public funds shall be carried in a conservation fund from year to year to be expended only for purposes of this chapter;
receive gifts of land or other property for the purposes of this chapter, by consent of the legislative body or by the affirmative vote of the municipality;
administer the lands, properties, and other rights which have been acquired by the municipality for the purposes of this chapter;
assist the local planning commission or zoning board of adjustment or the District Environmental Commission, by providing advisory environmental evaluations where pertinent to applications made to those bodies, for permits for development;
cooperate with the local legislative body, planning commission, zoning board of adjustment, road committee, or other municipal or private organizations on matters affecting the local environment or the natural resources of the municipality;
prepare, collect, publish, advertise, and distribute relevant books, maps, and other documents and maintain communication with similar organizations; and encourage through educational activities the public understanding of local natural resources and conservation needs;
make a brief annual report to the municipality of its finances and transactions for the year just passed, and its plans and prospects for the ensuing year.
Added 1977, No. 250 (Adj. Sess.), § 1.

History

2019. In subdiv. (1), deleted "but not limited to" following "including" in accordance with 2013, No. 5 , § 4.

§ 4506. Disposition of property.

Land, rights, or other property acquired by a municipality under this chapter shall not be sold or diverted to uses other than conservation or recreation except after approval by an affirmative vote of the voters of the town at the annual meeting.

Added 1977, No. 250 (Adj. Sess.), § 1.

CHAPTER 119. MUNICIPAL BOND BANK

SUBCHAPTER 1. GENERAL PROVISIONS

SUBCHAPTER 2. ESTABLISHMENT AND ORGANIZATION

SUBCHAPTER 3. POWERS AND PROHIBITIONS

SUBCHAPTER 4. FORM AND NATURE OF BONDS AND NOTES

SUBCHAPTER 5. SALE AND ISSUANCE OF BONDS AND NOTES

SUBCHAPTER 6. SPECIAL FUNDS

SUBCHAPTER 7. PROTECTION OF BOND AND NOTEHOLDERS

History

Short title. 1969, No. 216 (Adj. Sess.), § 1, eff. March 27, 1970, provided: "This act shall be known as, and may be cited as, the 'Vermont Municipal Bond Bank Law'."

Legislative findings. 1969, No. 216 (Adj. Sess.), § 2, as amended by 1971, No. 148 (Adj. Sess.), § 3, eff. Feb. 14, 1972, provided: "It is hereby declared to be in the public interest and to be the policy of the state to foster and promote by all reasonable means the provision of adequate capital markets and facilities for borrowing money by counties, municipalities, certain public bodies corporate and politic in or of the state for the financing of their public improvements or purposes from proceeds of bonds or notes issued by those governmental units, and to assist those governmental units in fulfilling their needs for improvements by use of creation of indebtedness and to the extent possible to reduce cost of indebtedness to taxpayers and residents of the state and to encourage continued investor interest in the purchase of bonds or notes of governmental units as sound and preferred securities for investment. It is in the public interest and is the policy of the state to encourage its governmental units to continue their independent undertakings of public improvements and purposes and the financing thereof and to assist them therein by making funds available at reduced interest costs for orderly financing of public improvements and purposes, particularly for those governmental units not otherwise able to borrow for those purposes. It is further declared the state should exercise its powers in the interest of its governmental units to further and implement those policies by authorizing a state instrumentality to be created as a body corporate and politic to have full powers to borrow money and to issue its bonds and notes to make funds available through the facilities of that instrumentality at reduced rates and on more favorable terms for borrowing by governmental units through the purchase by that instrumentality of the bonds or notes of governmental units and by granting broad powers to the instrumentality to accomplish and to carry out the aforesaid policies of the state which are in the public interest of the state and of its taxpayers and residents. It is further declared to be in the public interest and is the policy of the state that state funds should be applied or authorized to be paid to any state instrumentality created pursuant to this act only to provide adequate assurance and security to the holders of bonds or notes of such instrumentality; and further that such instrumentality should so conduct its operations as to provide the lowest rates in terms of borrowing to governmental units as is consistent with a self-supporting operation with no expectation of subsidization with state funds."

Cross References

Cross references. Bonds financing urban renewal projects, see chapter 85 of this title.

Issuance of bonds by municipalities generally, see chapter 53 of this title.

Issuance of bonds for establishment of and improvements to sewer systems, see §§ 3613, 3684 of this title.

Loans to municipalities for water pollution abatement, planning and construction of water supply facilities, and solid waste management, see chapter 120 of this title.

Subchapter 1. General Provisions

§ 4551. Definitions.

The following definitions shall apply throughout this chapter unless the context clearly requires otherwise:

"Bank" means the Vermont Municipal Bond Bank established by section 4571 of this title.
"Bonds" means bonds of the Bank issued under this chapter.
"County" means any county of the State.
"General Fund" means the fund established under section 4676 of this title.
"Governmental unit" means any county, municipality, or public body.
"Issue", when used in reference to bonds or notes, means the physical delivery thereof or the effectuation thereof in book entry form, in each case against payment therefor.
"Municipal bond" means a bond or note or evidence of debt constituting a general obligation of a governmental unit, but does not include any bond or note or evidence of debt issued by any other state or any public body or municipal corporation thereof.
"Municipality" means any city, town, village, town school district, incorporated school district, union school district, or other school district, fire district, consolidated sewer district, consolidated water district, or solid waste district organized under the laws of the State, and also includes every municipal corporation identified in subdivision 1751(1) of this title.
"Notes" means any notes of the Bank issued under this chapter.
"Public body" means any public body corporate and politic or any political subdivision of the State established under any law of the State that may issue its bonds or notes, whether heretofore or hereafter established.
"Reserve Fund" means the Vermont Municipal Bond Bank Reserve fund established under section 4671 of this title.
"Revenues" means all fees, charges, monies, profits, payments of principal of or interest on municipal bonds and revenue bonds and other investments, gifts, grants, contributions, appropriations, and all other income derived or to be derived by the Bank under this chapter.
"Revenue bond" means a bond or note or evidence of debt constituting an obligation of a governmental unit payable solely out of the earnings or profits derived, or to be derived, from the operation of a public utility, authorized and issued in accordance with subchapter 2 of chapter 53 of this title.
"Revenue Bond Reserve Fund" means the Vermont Municipal Bond Bank Revenue Bond Reserve Fund established under section 4681 of this title.
"Revenue Fund" means the Vermont Municipal Bond Bank Revenue Fund established under section 4683 of this title.
Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970; amended 1971, No. 148 (Adj. Sess.), § 4, Feb. 14, 1972; 1983, No. 12 , § 1, eff. March 29, 1983; 1985, No. 127 (Adj. Sess.), § 1, eff. April 21, 1986; 1987, No. 55 , §§ 1-4, eff. May 15, 1987; 1987, No. 75 , § 3; 1989, No. 111 , § 4, eff. June 22, 1989.

History

Amendments--1989. Subdiv. (8): Added "and also includes every municipal corporation identified in subdiv. 1751(1) of this title" following "state".

Amendments--1987. Subdiv. (8): Act No. 75 deleted "or" preceding "consolidated water district" and inserted "or solid waste district" thereafter.

Subdiv. (12): Act No. 55 inserted "and revenue bonds" following "municipal bonds".

Subdiv. (13): Act No. 55 substituted "governmental unit" for "municipality" preceding "payable".

Subdiv. (14): Added by Act No. 55.

Subdiv. (15): Added by Act No. 55.

Amendments--1985 (Adj. Sess.). Subdiv. (13): Added.

Amendments--1983. Redesignated former subdivs. (6)-(11) as (7)-(12) and added a new subdiv. (6).

Amendments--1971 (Adj. Sess.) Subdiv. (6): Substituted "constituting a general obligation of a governmental unit" for "payable from ad valorem taxation which a governmental unit may issue" following "evidence of debt."

§ 4552. Law governing.

It is the intent of the General Assembly that in the event of any conflict or inconsistency in the provisions of this chapter and any other laws pertaining to matters established in this chapter or provided for or in any rules adopted under this chapter or other laws, to the extent of such conflict or inconsistency, the provisions of this chapter shall be enforced and the provisions of the other laws and rules adopted pursuant to this chapter shall be of no effect.

Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970.

§ 4553. Liberal construction.

This chapter shall be construed liberally to effectuate the legislative intent and the purposes of the chapter as complete and independent authority for the performance of each and every act and thing authorized by this chapter and all powers granted by this chapter shall be broadly interpreted to effectuate that intent and purposes and not as a limitation of powers.

Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970.

§ 4554. Administration expenses.

All expenses incurred in carrying out this chapter are payable solely from revenues or funds provided under this chapter and nothing in this chapter authorizes the Bank to incur any indebtedness or liability on behalf of or payable by the State.

Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970.

§ 4555. Duties of State Treasurer.

The State Treasurer may receive from the United States of America or any department or agency thereof any amounts of money as and when appropriated, allocated, granted, turned over, or in any way provided for the purposes of the Bank or this chapter, and the amounts shall be credited to and deposited in the Reserve Fund or Revenue Bond Reserve Funds, as appropriate, and be available to the Bank.
Any monies in the custody of the State Treasurer whether made available by reason of any grant, allocation, or appropriation by the United States of America or the State or agencies thereof to assist any governmental unit in payment of its municipal bonds or revenue bonds acquired or held by the Bank, or required by the terms of any other law to be paid to holders or owners of municipal bonds or revenue bonds of a governmental unit upon failure or default of a governmental unit to pay the principal of or interest on its municipal bonds or revenue bonds when due and payable, shall, to the extent that those funds or monies are applicable to municipal bonds or revenue bonds of a particular governmental unit and that are then acquired or held by the Bank and as to which that governmental unit has defaulted on payment of principal or interest when due, be paid and deposited by the State Treasurer in the applicable reserve fund or funds and made available to the Bank.
Upon receipt by the State Treasurer of written notice from the Bank, or the corporate trustee exercising rights on behalf of the holders of bonds issued by the Bank, that a governmental unit is in default on the payment of principal or interest on a municipal bond or revenue bond acquired or held by the Bank, the State Treasurer shall immediately withhold all further payment to the governmental unit of any or all funds appropriated and payable by the State to the governmental unit, until the default is cured. During the default period, the State Treasurer shall make direct payment of all, or as much as is necessary, of the withheld amounts to the Bank, or at the Bank's direction, to the trustee or paying agent for the bonds, so as to cure, or cure insofar as possible, the default as to the bond or the interest on the bond.
Any payments described in subsection (c) of this section made by the State Treasurer to the Bank, or the Bank's trustee or paying agent for the bond, shall be credited as if made directly by the governmental unit. The payment shall be offset against any appropriation otherwise payable to the governmental unit by the State during each fiscal year. Upon receipt of the payment, the Bank, or the Bank's trustee or paying agent, shall provide written notice of the payment to the governmental unit.
Nothing in this section shall be construed:
1. to limit, impair, or impede the rights or remedies granted to the holders of bonds issued by the Bank and the governmental units;
2. to require the State to continue the payment of State aid or assistance to any governmental unit;
3. to limit or prohibit the State from repealing or amending any law relating to State aid or assistance, including the manner and time of payment or apportionment, or the amount of aid or assistance;
4. to create any obligation on the part of the State Treasurer or the State to make any payment on behalf of a defaulting governmental unit other than from funds appropriated and payable to a defaulting governmental unit by the State.
  Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970; amended 1987, No. 55 , § 5, eff. May 15, 1987; 2015, No. 77 (Adj. Sess.), § 1.

History

Amendments--2015 (Adj. Sess.). Section amended generally.

Amendments--1987. Subsec. (a): Inserted "or revenue bond reserve funds, as appropriate" preceding "and be available".

Subsec. (b): Inserted "or revenue bonds" following "municipal bonds" throughout the subsec., "applicable" preceding "reserve fund" and "or funds" thereafter.

Subsec. (c): Inserted "or revenue bonds" following "municipal bonds".

§ 4556. Cooperation by government agencies; cost.

All officers, departments, boards, agencies, divisions, and commissions of the State must render any services to the Bank as are within the area of their respective governmental functions as fixed by law and as may be requested by the Bank and must comply promptly with any reasonable request by the Bank as to the making of any study or review as to desirability, need, cost, or expense with respect to any public project, purpose or improvement, or the financial feasibility thereof or the financial or fiscal responsibility or ability in connection therewith of any governmental unit making application for loan to the Bank and for the purchase by the Bank of municipal bonds or revenue bonds to be issued by that governmental unit. The cost and expense of any services requested by the Bank shall, at the request of the officer, department, board, agency, division, or commission rendering the service, be paid for by the Bank.

Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970; amended 1987, No. 55 , § 6, eff. May 15, 1987.

History

Amendments--1987. Inserted "or revenue bonds" following "municipal bonds".

Subchapter 2. Establishment and Organization

§ 4571. Establishment.

There is hereby established a body corporate and politic, with corporate succession, to be known as the "Vermont Municipal Bond Bank." The Bank is hereby constituted as an instrumentality exercising public and essential governmental functions, and the exercise by the Bank of the powers conferred by this chapter are deemed to be an essential governmental function of the State.

Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970.

§ 4571a. Reports.

The Vermont Municipal Bond Bank shall prepare and submit, consistent with 2 V.S.A. § 20(a) , a report on activities for the preceding calendar year, pursuant to section 4594 of this title.

Added 2003, No. 122 (Adj. Sess.), § 294i.

§ 4572. Membership; vacancies.

The Bank established by section 4571 of this title shall consist of the following five directors: the State Treasurer, or his or her designee, who shall be a director ex officio, and four directors appointed by the Governor with the advice and consent of the Senate for terms of two years. The four directors appointed by the Governor must be residents of the State and must be qualified voters therein for at least one year next preceding the time of appointment. The Governor shall first appoint two directors to serve until February 1, 1971 and two directors to serve until February 1, 1972. Each director shall hold office for the term of his or her appointment and until his or her successor shall have been appointed and qualified. A director shall be eligible for reappointment. Any vacancy in a directorship occurring other than by expiration of term shall be filled in the same manner as the original appointment, except that the advice and consent of the Senate shall not be required if it is not in session, but for the unexpired term only.

Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970; 2011, No. 40 , § 52, eff. May 20, 2011.

History

Revision note. Deleted as obsolete sentence relating to terms of the first appointed members.

Amendments--2011. Inserted "established by section 4571 of this title" following "bank" and "or his or her designee," following "treasurer," in the first sentence.

§ 4573. Removal from office; oath.

Each director may be removed from office by the Governor, for cause, after a public hearing, and may be suspended by the Governor pending the completion of the hearing. Each director before entering upon his or her duties shall take and subscribe an oath to perform the duties of his or her office faithfully, impartially, and justly to the best of his or her ability. A record of the oath shall be filed in the Office of the Secretary of State.

Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970.

§ 4574. Officers; quorum.

The directors shall elect one of their number as chair. The directors shall elect a secretary and a treasurer who need not be directors, and the same person may be elected to serve both as secretary and treasurer. The powers of the Bank are vested in the directors thereof and three directors of the Bank shall constitute a quorum. Action may be taken and motions and resolutions adopted by the Bank at any meeting thereof by the affirmative vote of at least three directors of the Bank. A vacancy in the directorship of the Bank shall not impair the right of a quorum to exercise all the powers and perform all the duties of the Bank.

Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970; amended 1971, No. 148 (Adj. Sess.), § 1, eff. Feb. 14, 1972.

History

Amendments--1971 (Adj. Sess.). Deleted "if one of them is the director ex officio" following "directors of the bank" at the end of the fourth sentence.

§ 4575. Bonding of members.

Before the issuance of any bonds or notes under this chapter, each director of the Bank shall execute a surety bond in the penal sum of $25,000.00 and the treasurer of the Bank shall execute a surety bond in the penal sum of $50,000.00. Each surety bond shall be conditioned upon the faithful performance of the duties of the office of the director or treasurer, to be executed by a surety company authorized to transact business in the State of Vermont as surety and to be approved by the Attorney General and filed in the office of the Secretary of State. After the issuance of any bonds or notes by the Bank each director of the Bank shall maintain his or her surety bond in force. All costs of the surety bonds shall be borne by the Bank.

Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970.

Cross References

Cross references. Immunity of members or persons executing bonds from personal liability, see § 4706 of this title.

§ 4576. Compensation; expenses.

The directors of the Bank shall receive a per diem compensation in the amount of $30.00 for each day devoted to official duties and reimbursement for actual expenses necessarily incurred in the discharge of their duties. Notwithstanding any other law, an officer or employee of the State shall not be deemed to forfeit his or her office or employment or any benefits thereof by reason of his or her acceptance of the office of director of the Bank.

Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970; amended 1979, No. 59 , § 18, eff. July 1, 1979.

History

Amendments--1979 Substituted "receive a per diem compensation in the amount of thirty dollars for each day devoted to official duties and reimbursement" for "serve without compensation, but the bank shall reimburse them" following "shall" in the first sentence.

§ 4577. Staff.

The Bank may employ such officers, agents, and employees as it may require and determine their qualifications, terms of office, duties, and compensation all without regard to 3 V.S.A. chapter 13.

Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970.

Subchapter 3. Powers and Prohibitions

§ 4591. General powers.

The Bank has the following powers for carrying out the purposes of this chapter:

to sue and be sued;
to adopt an official seal and alter it at pleasure;
to make and enforce rules for the conduct of its business and for use of its services and facilities;
to maintain an office at any place within the State;
to acquire, hold, use, and dispose of its income, revenues, funds, and monies;
to acquire, rent, lease, hold, use, and dispose of other personal property for its purposes;
to borrow money and to issue its negotiable bonds or notes and to provide for and secure the payment thereof and to provide for the rights of the holders thereof, and to purchase, hold, and dispose of any of its bonds or notes;
to fix and revise from time to time and charge and collect fees and charges for the use of its services or facilities;
to accept gifts or grants of property, funds, money, materials, labor, supplies, or services from the United States of America or from any governmental unit or any person, firm, or corporation, and to carry out the terms or provisions or make agreements with respect to any gifts or grants, and to do any and all things necessary, useful, desirable, or convenient in connection with procuring, acceptance, or disposition of gifts or grants;
to do anything authorized by this chapter, through its officers, agents, or employees or by contracts with any person, firm, or corporation;
to enter into and enforce all contracts necessary, convenient, or desirable for the purposes of the Bank or pertaining to any loan to a governmental unit or any purchase or sale of municipal bonds or revenue bonds or other investments or to the performance of its duties and execution or carrying out of any of its powers under this chapter;
to purchase or hold municipal bonds and revenue bonds at such prices and in such manner as the Bank deems advisable, and to sell municipal bonds and revenue bonds acquired or held by it at such prices without relation to cost and in such manner as the Bank deems advisable, all consistent with the policy of the State as declared in section 2 of this act;
to invest any funds or moneys of the Bank not then required for loan to governmental units and for the purchase of municipal bonds or revenue bonds, in the same manner as permitted for investment of funds belonging to the State or held in the Treasury, except as otherwise provided by this chapter;
to prescribe any form of application or procedure required of a governmental unit for the loan or purchase of its municipal bonds or revenue bonds, and to fix the terms and conditions of that loan or purchase and to enter into agreements with governmental units with respect to any loan or purchase;
to do all things necessary, convenient, or desirable to carry out the powers expressly granted or necessarily implied in this chapter;
to maintain and administer the special funds of the State established pursuant to chapter 120 of this title.
Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970; amended 1985, No. 127 (Adj. Sess.), § 2, eff. April 21, 1986; 1987, No. 55 , §§ 7-9, eff. May 15, 1987; 1987, No. 75 , § 2.

History

Reference in text. Section 2 of this act, referred to in subdiv. (12), is set out as a note entitled "Legislative findings" preceding subchapter 1 of this chapter.

Revision note. Inserted "it" following "alter" in subdiv. (2) to correct a grammatical error.

Amendments--1987. Act No. 55 inserted "or revenue bonds" following "municipal bonds" in subdivs. (11), (13), and (14).

Act No. 75 added subdiv. (16).

Amendments--1985 (Adj. Sess.). Subdiv. (12): Inserted "and revenue bonds" following "municipal bonds" in two places.

§ 4592. Supplementary powers.

The Bank, in addition to any other powers granted in this chapter, has the following powers:

In connection with any loan to a governmental unit, to consider the need, desirability, or eligibility of the loan, the ability of the governmental unit to secure borrowed money from other sources and the costs thereof, and the particular public improvement or purpose to be financed by the municipal bonds or revenue bonds to be purchased by the Bank.
To charge for its costs and services in review or consideration of any proposed loan to a governmental unit or purchase of municipal bonds or revenue bonds of a governmental unit, and to charge therefor whether or not the loan is made or the municipal bonds or revenue bonds are purchased.
To establish any terms and provisions with respect to any purchase of municipal bonds or revenue bonds by the Bank, including date and maturities of the bonds, provisions as to redemption or payment prior to maturity, and any other matters which are necessary, desirable, or advisable in the judgment of the Bank.
To conduct examinations and hearings and to hear testimony and take proof, under oath or affirmation, at public or private hearings, on any matter material for its information and necessary to carry out this chapter.
To issue subpoenas requiring the attendance of witnesses and the production of books and papers pertinent to any hearing before the Bank, or before one or more of the directors of the Bank appointed by it to conduct the hearing.
To apply to any court, having territorial jurisdiction of the offense, to have punished for contempt any witness who refuses to obey a subpoena, or who refuses to be sworn or affirmed to testify, or who is guilty of any contempt after summons to appear.
To procure insurance against any losses in connection with its property, operations, or assets in such amounts and from such insurers as it deems desirable.
To the extent permitted under its contracts with the holders of bonds or notes of the Bank, to consent to any modification of the rate of interest, time, and payment of any installment of principal or interest, security, or any other term of bond or note, contract, or agreement of any kind to which the Bank is a party.
To issue its bonds or notes that are secured by neither the Reserve Fund nor the Revenue Bond Reserve Fund, but which may be secured by such other funds and accounts as may be authorized by the Bank from time to time.
To issue bonds, other forms of indebtedness, or other financing obligations for projects relating to renewable energy, as defined in 30 V.S.A. § 8002(17) , or to energy efficiency projects under subchapter 2 of chapter 87 of this title. Bonds shall be supported by both the general obligation and the assessment payment revenues of the participating municipality.
Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970; amended 1987, No. 55 , §§ 10, 11, eff. May 15, 1987; 2009, No. 45 , § 15k, eff. May 27, 2009.

History

Amendments--2009. Subdiv. (10): Added.

Amendments--1987. Subdiv. (1): Inserted "or revenue bonds" following "municipal bonds".

Subdiv. (2): Inserted "or revenue bonds" following "municipal bonds" in two places.

Subdiv. (3): Inserted "or revenue bonds" following "municipal bonds".

Subdiv. (9): Added.

Cross References

Cross references. Voter authorization for borrowing for public improvements and acquisition of capital assets, see § 1786a of this title.

§ 4593. Prohibited acts.

Under this chapter, a bank may not:

make loans of money to any person, firm, or corporation other than a government or a governmental agency or subdivision, or purchase securities issued by any person, firm, or corporation other than a governmental unit or for investment except as provided in this chapter;
emit bills of credit, or accept deposits of money for time or demand deposit, or administer trust, or engage in any form or manner in, or in the conduct of, any private or commercial banking business, or act as a savings bank or savings and loan association;
be or constitute a bank or trust company within the jurisdiction or under the control of the Department of Financial Regulation of the State, or the Commissioner thereof, or the Comptroller of the Currency of the United States of America or the Department of the Treasury thereof; or
be or constitute a bank, banker, or dealer in securities within the meaning of or subject to the provisions of any securities, securities exchange, or securities dealers law, of the United States of America or of this State or of any other state.
Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970; amended 1989, No. 225 (Adj. Sess.), § 25; 1995, No. 180 (Adj. Sess.), § 38.

History

2012. Subdiv. (3): Substituted "department of financial regulation" for "department of banking, insurance, securities, and health care administration" in accordance with 2011, No. 78 (Adj. Sess.), § 2.

Amendments--1995 (Adj. Sess.) Subdiv. (3): Substituted "department of banking, insurance, securities, and health care administration" for "department of banking, insurance, and securities".

Amendments--1989 (Adj. Sess.). Subdiv. (3): Substituted "department of banking, insurance, and securities" for "department of banking and insurance".

§ 4594. Annual report; audit.

On or before the last day of February in each year, the Bank shall make a report of its activities for the preceding calendar year to the Governor and to the General Assembly. Each report shall set forth a complete operating and financial statement covering its operations during the year. The Bank shall cause an audit of its books and accounts to be made at least once in each year by certified public accountants and the cost thereof shall be considered an expense of the Bank and a copy thereof shall be filed with the State Treasurer. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection.

Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970; amended 2013, No. 142 (Adj. Sess.), § 39.

History

Amendments--2013 (Adj. Sess.). Substituted "General Assembly" for "legislature" at the end of the first sentence, and added the last sentence.

§ 4595. Annual budget.

On or before December 1 in each year, the Bank shall adopt an annual budget for the succeeding year. The budget shall set forth the general categories of expected expenditures and the amount on account of each and shall include a provision or reserve for contingencies or over expenditures as well as any additional material as the Bank may determine. Copies of the annual budget certified by the Chair of the Bank shall be promptly filed with the State Treasurer and the Director of Budget and Management and the annual budget shall not be effective until it is so filed.
If for any reason the Bank does not adopt the annual budget on or before December 1, the budget for the preceding year shall be in effect for that year until the annual budget for the year is adopted.
The Bank may at any time adopt an amended annual budget for the current calendar year, but the amended annual budget may not supersede any prior budget until it is approved by the State Treasurer as reasonable and necessary, and filed as required in the case of the annual budget.
Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970.

§ 4596. Care and custody of bonds.

The Bank may enter into agreements or contracts with any bank, trust companies, banking or financial institutions within or without the State as may be necessary, desirable, or convenient in the opinion of the Bank for rendering services to the Bank in connection with the care, custody, or safekeeping of municipal bonds, revenue bonds, or other investments held or owned by the Bank and services in connection with the payment or collection of amounts payable as to principal or interest, and for services in connection with the delivery to the Bank of municipal bonds, revenue bonds, or other investments purchased by it or sold by it, and to pay the cost of those services. The Bank may also, in connection with any of the services to be rendered by any banks, trust companies, or banking or financial institutions as to the custody and safekeeping of any of its municipal bonds, revenue bonds, or investments, require security in the form of collateral bonds, surety agreements, or security agreements in such form and amount as, in the opinion of the Bank, is necessary or desirable for the purpose of the Bank.

Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970; amended 1987, No. 55 , § 12, eff. May 15, 1987.

History

Amendments--1987. Inserted "revenue bonds" following "municipal bonds" throughout the section.

Subchapter 4. Form and Nature of Bonds and Notes

§ 4621. Form of obligation; faith and credit.

Bonds and notes issued under this chapter are not in any way a debt or liability of the State and do not create or constitute any indebtedness, liability or obligation of the State nor are they or do they constitute a pledge of the faith and credit of the State but all such bonds and notes, unless funded or refunded by bonds or notes of the Bank, are payable solely from revenues or funds pledged or available for their payment as authorized herein. Each bond and note other than bonds or notes issued in book entry form must contain on its face a statement to the effect that the Bank is obligated to pay the principal thereof and the interest thereon only from revenues or funds of the Bank and that the State is not obligated to pay the principal or interest and that neither the faith and credit nor the taxing power of the State is pledged to the payment of the principal of or the interest on the bonds or notes.
The State does pledge to and agree with the holders of the bonds or notes issued under this chapter, that the State will not limit or restrict the rights hereby vested in the Bank to purchase, acquire, hold, sell, or dispose of municipal bonds, revenue bonds, or other investments or to make loans to governmental units or to establish and collect such fees or other charges as may be convenient or necessary to produce sufficient revenues to meet the expenses of operation of the Bank, and to fulfill the terms of any agreement made with the holders of its bonds or notes or in any way impair the rights or remedies of the holders of those bonds or notes until the bonds and notes, together with interest thereon, and interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceedings by or on behalf of the holders, are fully met, paid, and discharged.
Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970; amended 1983, No. 12 , § 2, eff. March 29, 1983; 1987, No. 55 , § 13, eff. May 15, 1987.

History

Amendments--1987. Subsec. (b): Inserted "revenue bonds" following "municipal bonds".

Amendments--1983. Subsec. (a): Inserted "other than bonds or notes issued in book entry form" preceding "must contain" in the second sentence.

§ 4622. Negotiability of bonds or notes.

Whether or not the notes and bonds are of such form and character as to be negotiable instruments under the terms of the Uniform Commercial Code 9A V.S.A. § 1-101 et seq., the notes and bonds are hereby made negotiable instruments within the meaning of and for all the purposes of said Uniform Commercial Code, subject only to the provisions of the notes and bonds for registration or for their issuance in book entry form.

Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970; amended 1983, No. 12 , § 3, eff. March 29, 1983.

History

Amendments--1983. Section amended generally.

§ 4623. Bonds or notes as legal investment.

Notwithstanding any other law, the State and all public officers, governmental units, and agencies thereof, all banks, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking business, all insurance companies, insurance associations, and other persons carrying on an insurance business, and all executors, administrators, guardians, trustees, and other fiduciaries may legally invest any sinking funds, monies, or other funds belonging to them or within their control in any bonds or notes issued under this chapter, and these bonds or notes are authorized security for any and all public deposits.

Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970.

§ 4624. Tax exemption.

All property of the Bank is public property devoted to an essential public and governmental function and purpose and is exempt from all taxes and special assessments of the State or any subdivision thereof. All bonds or notes issued under this chapter are issued by a body corporate and public of this State and for an essential public and governmental purpose and those bonds and notes, and the interest thereon and the income therefrom, and all fees, charges, funds, revenues, income, and other monies pledged or available to pay or secure the payment of those bonds or notes, or interest thereon, are exempt from taxation except for transfer inheritance and estate taxes.

Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970.

Cross References

Cross references. Property of bank exempt from execution and sale, see § 4707 of this title.

Subchapter 5. Sale and Issuance of Bonds and Notes

§ 4641. Loans to governmental units.

The Bank, for the purpose of this chapter, may lend money to governmental units through the purchase by the Bank of municipal bonds or revenue bonds of governmental units. The Bank, under this chapter, may issue its bonds and notes and may otherwise assist governmental units as provided in this chapter.

Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970; amended 1971, No. 148 (Adj. Sess.), § 5, Feb. 14, 1972; 1987, No. 55 , § 14, eff. May 15, 1987.

History

Amendments--1987. Inserted "or revenue bonds" following "municipal bonds" in the first sentence.

Amendments--1971 (Adj. Sess.) Deleted "in fully marketable form" following "governmental units" at the end of the first sentence and "payable solely from the revenues or funds therefor available to the bank" following "notes" in the second sentence.

§ 4642. Amount and purpose; general obligation.

The Bank may issue its bonds or notes in such principal amounts as it shall deem necessary to provide funds for any purposes under this chapter, including:
1. The making of loans;
2. The payment, funding or refunding of the principal of, or interest or redemption premiums on, any bonds or notes issued by it whether the bonds or notes or interest to be funded or refunded have or have not become due;
3. The establishment or increase of reserves to secure or to pay bonds or notes or interest thereon and all other costs or expenses of the Bank incident to and necessary or convenient to carry out its corporate purposes and powers.
Except as otherwise provided in this chapter or by the Bank, every issue of bonds or notes shall be general obligations payable out of any revenues or funds of the Bank, subject only to any agreements with the holders of particular bonds or notes pledging any particular revenues or funds. Any bonds or notes may be additionally secured by a pledge of any grant or contributions from the United States of America or the State or any governmental unit or any person, firm, or corporation or a pledge of any income or revenues, funds, or monies of the Bank from any source whatsoever.
Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970.

§ 4643. Form of issuance.

Bonds or notes of the Bank shall be authorized by resolution of the Bank and may be issued in one or more series and shall bear such date or dates, mature at such time or times, bear interest at such rate or rates of interest per annum or within such maximum rate, be in such denomination or denominations, be issued in coupon form payable to bearer, in registered form or in book entry form, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable from such sources in such medium of payment at such place or places within or without the State, and be subject to such terms of redemption, with or without premium, as the resolution provides.
The State Treasurer may, at the direction of the Bank, act as transfer agent or registrar for the exchange or transfer of registered bonds and notes or maintain records so that bonds and notes in book entry form may be effected and the Bank may contract with or otherwise designate a bank, trust company, or other person to maintain records so that bonds and notes in book entry form may be effected. Such bank, trust company, or other person, which may include the federal government or any of its agencies or instrumentalities or any officer, agency, or instrumentality of the State, may be located or have its principal office inside or outside the State. Bonds and notes in book entry form shall be effected by means of entries on the records of the State Treasurer or other designated person that shall reflect the description of the issue, the principal amount, the interest rate, the maturity date, and the owner of the bonds or notes and such other information as is deemed appropriate. The State Treasurer or other designated person may effect conversion between book entry bonds and notes and registered bonds and notes for owners of bonds or notes who request such a change. The State Treasurer or other designated transfer agent or registrar shall issue a confirmation of the transaction in the form of a written advice.
[Repealed.]
Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970; amended 1983. No. 12, § 4, eff. March 29, 1983; 2015, No. 29 , § 15.

History

Amendments--2015. Subsec. (c): Repealed.

Amendments--1983 Subsec. (a): Designated existing provisions of section as subsec. (a), substituted "issued in coupon form payable to bearer, in registered form or in book entry form" for "in such form, either coupon or registered" following "denominations, be" in that subsec., and added subsecs. (b) and (c)."

§ 4644. Sale price.

Bonds or notes of the Bank may be sold at public or private sale at such price as the Bank determines.

Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970.

§ 4645. Administrative consent or conditions not required.

Bonds or notes may be issued under this chapter without obtaining the consent of any department, division, commission, board, bureau, or agency of the State, and without any other proceeding or the happening of any other conditions or things than those specifically required by this chapter.

Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970.

§ 4646. Approval of Governor and Treasurer.

No resolution or other action of the Bank providing for the issuance of bonds may be adopted or otherwise made effective without the prior approval in writing of the Governor and the State Treasurer. The powers conferred by this section on the Governor and the State Treasurer shall be exercised with due regard for the rights of the holders of bonds of the Bank at any time outstanding, and nothing in, or done pursuant to, this section shall in any way limit, restrict, or alter the obligation or powers of the Bank or any director, officer, or representative of the Bank to carry out and perform in every detail each and every covenant, agreement, or contract at any time made or entered into by or on behalf of the Bank with respect to its bonds or for the benefit, protection, or security of the holders thereof.

Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970.

§ 4647. Payment or refunding of notes.

The Bank may from time to time issue its notes under this chapter and pay and retire or fund or refund the notes from proceeds of bonds or of other notes, or from any other funds or monies of the Bank available for that purpose in accordance with any contract between the Bank and the holders of the notes. Unless provided otherwise in any contract between the Bank and the holders of notes, and unless the notes are otherwise paid, funded, or refunded, the proceeds of any bonds of the Bank issued among other things, to fund any outstanding notes, shall be held, used, and applied by the Bank to the payment and retirement of the principal of the notes and the interest due and payable thereon.

Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970.

Cross References

Cross references. Default in payment of principal or interest on issues of bonds or notes, see §§ 4702-4705 of this title.

§ 4648. Terms of agreement with bond or noteholder.

In any resolution of the Bank authorizing, or relating to the issuance of any bonds or notes, the Bank, in order to secure the payment of the bonds or notes and in addition to its other powers, may covenant and contract with the holders of the bonds or notes:

to pledge to any payment or purpose all or any part of its revenues to which its right then exists or may thereafter come into existence, and the monies derived therefrom, and the proceeds of any bonds or notes;
to covenant against pledging all or any part of its revenues, or against permitting or suffering any lien on those revenues or its property;
to covenant as to the use and disposition of any payments of principal or interest received by the Bank on municipal bonds, revenue bonds, or other investments held by the Bank;
to covenant as to establishment of reserves or sinking funds, the making of provision for them, and the regulation and disposition thereof;
to covenant with respect to or against limitations on any right to sell or otherwise dispose of any property of any kind;
to covenant as to any bonds and notes to be issued and their limitations and their terms and conditions and as to the custody, application, and disposition of their proceeds;
to covenant as to the issuance of additional bonds or notes or as to limitations on the issuance of additional bonds or notes and on the incurring of other debts;
to covenant as to the payment of the principal of or interest on the bonds or notes, as to the sources and methods of payment, as to the rank or priority of any bonds or notes with respect to any lien or security or as to the acceleration of the maturity of any bonds or notes;
to provide for the replacement of lost, stolen, destroyed, or mutilated bonds or notes;
to covenant against extending the time for the payment of bonds or notes or interest thereon;
to covenant as to the redemption of bonds or notes and privileges of exchange thereof for other bonds or notes of the Bank;
to covenant as to any charges to be established and charged, the amount to be raised each year or other period of time by charges or other revenues and as to the use and disposition to be made thereof;
to covenant to create or authorize the creation of special funds or monies to be held in pledge or otherwise for operating expenses, payment or redemption of bonds or notes, reserves, or other purposes and as to the use and disposition of the monies held in those funds;
to establish the procedure, if any, by which the terms of any contract or covenant with or for the benefit of the holders of bonds or notes may be amended or abrogated, the amount of bonds or notes the holders of which must consent thereto, and the manner in which the consent may be given;
to covenant as to the custody of any of its properties or investments, the safe-keeping thereof, the insurance to be carried thereon, and the use and disposition of insurance monies;
to covenant as to the time or manner of enforcement or restraint from enforcement of any rights of the Bank arising by reason of or with respect to nonpayment of any principal or interest of any municipal bonds or revenue bonds;
to provide for the rights and liabilities, powers, and duties arising upon the breach of any covenant, condition, or obligation and to prescribe the events of default and the terms and conditions upon which any or all of the bonds, notes, or other obligations of the Bank shall become or may be declared due and payable before maturity and the terms and conditions upon which the declaration and its consequences may be waived;
to vest in a trustee or trustees within or without the State such property, rights, powers, and duties in trust as the Bank may determine, which may include any of the rights, powers, and duties of any trustee appointed by the holders of any bonds or notes and to limit or abrogate the right of the holders of any bonds of the Bank to appoint a trustee under this chapter or limiting the rights, powers, and duties of the trustee;
to pay the costs or expenses incident to the enforcement of the bonds or notes or of the resolution or of any covenant or agreement of the bank with the holders of its bonds or notes;
to agree with any corporate trustee that may be any trust company or bank having the powers of a trust company within or without the State, as to the pledging or assigning of any revenues or funds to which the Bank has any rights or interest, and may further provide for such other rights and remedies exercisable by the trustee as may be proper for the protection of the holders of any bonds or notes of the Bank and not otherwise in violation of law, and the agreement may provide for the restriction of the rights of any individual holder of bonds or notes of the Bank;
to appoint and to provide for the duties and obligations of a paying agent or paying agents, or such other fiduciaries as the resolution may provide within or without the State;
to limit the rights of the holders of any bonds or notes to enforce any pledge or covenant securing bonds or notes; and
to make covenants other than and in addition to the covenants expressly authorized in this section, of like or different character, and to make covenants to do or refrain from doing such things as may be necessary, or convenient and desirable, in order to better secure bonds or notes or which, in the absolute discretion of the Bank, will tend to make bonds or notes more marketable, notwithstanding that the covenants or things may not be enumerated in this section.
Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970; amended 1987, No. 55 , §§ 15, 16, eff. May 15, 1987.

History

Amendments--1987. Subdiv. (3): Inserted "revenue bonds" following "municipal bonds".

Subdiv. (16): Added "or revenue bonds" following "municipal bonds" at the end of the subdiv.

§ 4649. Purchase and disposition of own obligations.

The Bank may purchase bonds or notes of the Bank out of any of its funds or money available therefor. The Bank may hold, cancel, or resell the bonds or notes subject to and in accordance with agreements with holders of its bonds or notes.

Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970.

§ 4650. Interest rates.

Notwithstanding section 1759 of this title, or any other law applicable to or constituting any limitation on the maximum rate of interest per annum payable on bonds or notes, or as to annual interest cost to maturity of money borrowed or received upon issuance of bonds or notes, or purporting to regulate lenders every governmental unit may contract to pay interest on, or an interest cost per annum for, money borrowed from the Bank and evidenced by its municipal bonds purchased by the Bank notwithstanding any statutory limitation as to rate of interest per annum payable or as to annual interest cost to maturity of money borrowed by such governmental unit. Every governmental unit may contract with the Bank with respect to the loan or purchase and the contract shall contain the terms and conditions of the loan or purchase. Every governmental unit may pay fees and charges required to be paid to the Bank for its services. Notwithstanding sections 1759-1765 of this title or of any other law applicable to or constituting any limitation on the sale of municipal bonds or revenue bonds or notes, or purporting to regulate lenders any governmental unit may sell municipal bonds or revenue bonds or notes to the Bank without limitations as to denomination and the municipal bonds or revenue bonds or notes may be fully registered, registrable as to principal or in bearer form, may bear interest at a rate or rates in accordance with this section, may be evidenced in that manner and may contain other provisions not inconsistent herewith, and may be sold to the Bank without advertisement at a price of par and accrued interest, all as provided in the proceedings of the governing body of the governmental unit under which the municipal bonds or revenue bonds or notes are issued.

Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970; amended 1987, No. 55 , § 17, eff. May 15, 1987; 1987, No. 203 (Adj. Sess.), § 20, eff. May 27, 1988.

History

Revision note. Reference to sections "1758" and "1758-1762" of this title were changed to "1759" and "1759-1765" to conform references to renumbering of the sections.

Amendments--1987 (Adj. Sess.). Inserted "or purporting to regulate lenders" following "issuance of bonds or notes" in the first sentence and preceding "any governmental unit may sell" in the fourth sentence.

Amendments--1987. Substituted "bank" for "banks" preceding "with respect" in the second sentence and inserted "municipal" preceding "bonds" and "or revenue bonds" thereafter throughout the third sentence.

§ 4651. Exchange of coupon bonds.

The governing body of the governmental unit may provide for the exchange of coupon bonds for fully registered bonds and of fully registered bonds for coupon bonds and for the exchange of the bonds after issuance for bonds of larger or smaller denominations, all according to the proceedings authorizing their issuance, provided the bonds in changed form or denominations are exchanged for the surrendered bonds in the same aggregate principal amounts and in a manner that no overlapping interest is paid, and the bonds in changed form or denominations bear interest at the same rate or rates and mature on the same date or dates as the bonds for which they are exchanged. When any exchange is made under this section the bonds surrendered by the holders at the time of the exchange shall be cancelled. The exchange may be made only at the request of the holders of the bonds to be surrendered. The governmental unit may require all expenses incurred in connection with the exchange to be paid by the holders. If any of the officers whose signatures appear on the bonds or coupons cease to be officers before the delivery of the bonds, their signatures shall be valid for all purposes, as if they had remained in office.

Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970.

§ 4652. Waiver of defenses; rights of holder.

On the sale and issuance of any municipal bonds or revenue bonds to the Bank by any governmental unit, that governmental unit is deemed to agree that on the failure of that governmental unit to pay interest or principal on any of the municipal bonds or revenue bonds owned or held by the Bank when payable, all defenses to nonpayment are waived; and further, with respect to municipal bonds, upon nonpayment and demand on that governmental unit for payment, if funds are not available in its treasury to make payment, the governing body of that governmental unit shall forthwith assess a tax on the grand list of the governmental unit, sufficient to make payment with 12 percent interest thereon, and cause the tax to be collected within 60 days; and further, with respect to revenue bonds, upon nonpayment and demand on that governmental unit for payment, such governmental unit shall make payment together with interest thereon of 12 percent, which shall be due and payable within 60 days; and further, notwithstanding any other law, including any law under which the municipal bonds or revenue bonds were issued by that governmental unit, the Bank upon nonpayment is constituted a holder or owner of the municipal bonds or revenue bonds as being in default. Also notwithstanding any other law as to time or duration of default or percentage of holders or owners of bonds entitled to exercise rights of holders or owners of bonds in default, or to invoke any remedies or powers thereof or of any trustee in connection therewith or of any board, body, agency, or commission of the State having jurisdiction in the matter or circumstance, the Bank may thereupon avail itself of all other remedies, rights, and provisions of law applicable in that circumstance, and the failure to exercise or exert any rights or remedies within any time or period provided by law may not be raised as a defense by the governmental unit. All of the bonds of the issue of municipal bonds or revenue bonds of a governmental unit on which there is nonpayment, are for all of the purposes of this section deemed to be due and payable and unpaid. The Bank may carry out the provisions of this section and exercise all of the rights and remedies and provisions of law provided or referred to in this section.

Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970; amended 1987, No. 15 , § 18, eff. May 15, 1987.

History

Amendments--1987. Rewrote the first sentence and inserted "municipal" following "issue of" and "or revenue bonds" preceding "of a governmental" in the third sentence.

Cross References

Cross references. Default in payment of principal or interest on issues of bonds or notes, see §§ 4702-4705 of this title.

§ 4653. Bond anticipation notes.

Notwithstanding any law applicable to any governmental unit as to the period for temporary financing of any public improvement or purpose by issuance of its notes in anticipation of the issuance of permanent bonds or as to the renewal of bond anticipation notes, the Bank may purchase and the governmental unit may issue bond anticipation notes and may renew them from time to time provided that the bond anticipation notes, including renewals thereof, mature in such amounts and in such years not exceeding five years from the date of the original issuance as is agreed between the Bank and the governmental unit. In connection with the transaction and purchase of bond anticipation notes, the Bank may by agreement with the governmental unit impose any terms, conditions, and limitations as in its opinion are proper and for the purposes and security of the Bank and the holders of its bonds or notes. The failure of any governmental unit to comply with that agreement constitutes a failure of the governmental unit to pay principal of and interest on the bond anticipation notes under section 4652 of this title, and the Bank shall thereupon enforce all such rights, remedies, and provisions of law as it has under this section or are elsewhere provided.

Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970.

§ 4654. Marketability; certification.

All municipal bonds, revenue bonds, or other investments of monies of the Bank provided for under this chapter must at all times be purchased in negotiable form, subject to provision for any registration in the name of the Bank or for issuance in book entry form pursuant to section 1881 of this title. All municipal bonds and revenue bonds at any time purchased by the Bank must upon delivery to the Bank be accompanied by an approving opinion of bond counsel.

Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970; amended 1971, No. 148 (Adj. Sess.), § 6, eff. Feb. 14, 1972; 1987, No. 55 , § 19, eff. May 15, 1987.

History

Amendments--1987. Inserted "revenue bonds" following "municipal bonds" and added "or for issuance in book entry form pursuant to section 1881 of this title" following "name of the bank" in the first sentence and inserted "and revenue bonds" following "municipal bonds" in the second sentence.

Amendments--1971 (Adj. Sess.). Section amended generally.

§ 4655. Presumption of validity.

After issuance, all bonds or notes of the Bank shall be conclusively presumed to be fully authorized and issued by all the laws of this State, and any person or governmental unit shall be stopped from questioning their authorization, sale, issuance, execution, or delivery by the Bank.

Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970.

Subchapter 6. Special Funds

§ 4671. Reserve fund.

The Bank shall establish and maintain a special fund called the "Vermont Municipal Bond Bank Reserve Fund" in which there shall be deposited:
1. All monies appropriated by the State for the purpose of the Fund;
2. All proceeds of bonds required to be deposited therein by terms of any contract between the Bank and its bondholders or any resolution of the Bank with respect to the proceeds of bonds; and
3. Any other monies or funds of the Bank that it determines to deposit therein.
Monies in the Reserve Fund shall be held and applied solely to the payment of the interest on and principal of presently outstanding bonds of the Bank and any bonds issued on a parity therewith and any bonds issued to refund such bonds, all as they become due and payable and for the retirement of bonds. Money may not be withdrawn if it reduces the amount in the Reserve Fund to an amount less than the "required debt service reserve," as defined in this subsection, except for payment of interest then due and payable on bonds and the principal of bonds then maturing and payable and for the retirement of bonds in accordance with the terms of any contract between the Bank and its bondholders and for which payments other monies of the Bank are not then available. As used in this subsection "required debt service reserve" means, as of any date of computation, the amount or amounts required to be on deposit in the Reserve Fund as provided by resolution of the Bank. Required debt service reserve shall not be required by resolution of the Bank to exceed "maximum debt service." As used in this subsection "maximum debt service" means, as of any date of computation, the largest amount of money required by the terms of all contracts between the Bank and its bondholders to be raised in any succeeding calendar year for the payment of interest on and maturing principal of outstanding bonds and payments required by the terms of any contracts to sinking funds established for the payment or redemption of bonds, all calculated on the assumption that the bonds will cease to be outstanding after date of the computation by reason of the payment of the bonds at their respective maturities and the payments of the required moneys to sinking funds and the application thereof in accordance with the terms of all contracts to the retirement of bonds.
Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970; amended 1971, No. 148 (Adj. Sess.), § 7, eff. Feb. 14, 1972; 1987, No. 55 , § 20, eff. May 15, 1987.

History

Amendments--1987. Subsec. (b): In the first sentence, inserted "presently outstanding" preceding "bonds of the bank" and "and any bonds issued on a parity therewith and any bonds issued to refund such bonds, all" thereafter.

Amendments--1971 (Adj. Sess.). Subsec. (b): Deleted "reserve" in phrase "maximum debt service reserve".

Cross References

Cross references. Revenue Bond Reserve Fund, see §§ 4681, 4682 of this title.

§ 4672. Withdrawal or transfer.

Monies in the Reserve Fund or the Revenue Bond Reserve Fund at any time in excess of such fund's required debt service reserve, whether by reason of investment or otherwise, may, subject to the terms of any contract between the Bank and its bondholders or any resolution of the Bank, be withdrawn at any time by the Bank and transferred to any other fund or account of the Bank.

Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970; amended 1987, No. 55 , § 21, eff. May 15, 1987.

History

Amendments--1987. Section amended generally.

§ 4673. Investment.

Monies at any time in the Reserve Fund may be invested in the same manner as permitted for investment of funds belonging to the State or held in the Treasury.
For purposes of valuation, investments in the Reserve Fund shall be valued at par if purchased at par or at amortized value, as such term is defined by resolution of the Bank, if purchased at other than par.
Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970; amended 1971, No. 148 (Adj. Sess.), § 8, eff. Feb. 14, 1972.

History

Amendments--1971 (Adj. Sess.). Subsec. (b): Amended generally.

§ 4674. Relation to bond sales.

Notwithstanding any other provision of this chapter, bonds shall not be issued by the Bank unless there is in the Reserve Fund or Revenue Bond Reserve Fund, as applicable to such bonds, the required debt service reserve for all bonds then issued and outstanding and the bonds to be issued, provided, however, that the Bank may satisfy this requirement by depositing so much of the proceeds of the bonds to be issued, upon their issuance, as is needed to achieve the required debt service reserve. The Bank may at any time issue its bonds or notes for the purpose of increasing the amount in the Reserve Fund or the Revenue Bond Reserve Fund to the required debt service reserve, or to meet such higher or additional reserve as may be fixed by the Bank with respect to the fund.

Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970; amended 1987, No. 55 , § 22, eff. May 15, 1987.

History

Amendments--1987. Inserted "or revenue bond reserve fund, as applicable to such bonds" following "there is in the reserve fund" in the first sentence and "or the revenue bond reserve fund" preceding "to the required" in the second sentence.

§ 4675. Annual appropriation.

In order to assure the maintenance of the required debt service reserve in each reserve fund established pursuant to this chapter, there shall be appropriated annually and paid to the Bank for deposit in each reserve fund, such sum as shall be certified by the Chair of the Bank to the Governor or to the Governor-Elect, as is necessary to restore such fund to an amount equal to the required debt service reserve. The Chair shall annually, on or before February 1, make and deliver to the Governor or to the Governor-Elect, his or her certificate stating the sum required to restore the fund to the amount aforesaid, and the Governor or Governor-Elect shall, on or before March 1, submit a request for appropriations for the sum so certified, and the sum so certified shall be appropriated and paid to the Bank during the then current State fiscal year.

Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970; amended 1987, No. 55 , § 23, eff. May 15, 1987; 2011, No. 40 , § 55b, eff. May 20, 2011.

History

Amendments--2011. Substituted "chair" for "chairman" at the beginning of the second sentence and inserted "and the governor or governor-elect shall, on or before March 1, submit a request for appropriations for the sum so certified," following "aforesaid," near the end of that sentence.

Amendments--1987 In the first sentence, substituted "each reserve fund established pursuant to this chapter" for "the reserve fund" preceding "there shall be", "each reserve" for "the" following "deposit in", and "such" for "the" following "restore".

§ 4676. General Fund.

The Bank shall establish and maintain a fund called the "General Fund" in which there shall be deposited:
1. Fees received or charges made by the Bank for use of its services or facilities;
2. Any monies which the Bank shall transfer thereto from the reserve fund pursuant to section 4672 of this title from the Reserve Fund established pursuant to section 4671 of this title;
3. Monies received by the Bank as payments of principal of or interest on municipal bonds purchased by the Bank, or received as proceeds of sale of any municipal bonds or investment obligations of the Bank, or received as proceeds of sale of bonds or notes of the Bank, and required under the terms of any resolution of the Bank or contract with the holders of its bonds or notes to be deposited therein;
4. Any monies required under the terms of any resolution of the bank or contract with the holders of its bonds or notes to be deposited therein; and
5. Any monies transferred thereto from any other fund or made available for the purpose of the Fund by the State or for the operating expenses of the Bank; provided, however, that no such deposit or transfer shall be required if such action would impair in any way any contracts between the Bank and its bondholders or noteholders.
Any monies in the General Fund may, subject to any contracts between the Bank and its bondholders or noteholders, be transferred to the Reserve Fund established pursuant to section 4671 of this title, or if not so transferred, shall be used for the payment of the principal of or interest on bonds or notes of the Bank presently outstanding and any bonds or notes on a parity therewith, and any bonds or notes issued to refund such bonds or notes, all when they become due and payable, whether at maturity or upon redemption including payment of any premium upon redemption prior to maturity, and any monies in the General Fund may be used for the purchase of municipal bonds and for all other purposes of the Bank including payment of its operating expenses.
Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970; amended 1987, No. 55 , § 24, eff. May 15, 1987.

History

Amendments--1987. Subdiv. (a)(2): Added "from the reserve fund established pursuant to section 4671 of this title" following "4672 of this title".

Subdiv. (a)(5): Amended generally.

Subsec. (b): Inserted "established pursuant to section 4671 of this title" following "transferred to the reserve fund" and "presently outstanding and any bonds or notes on a parity therewith, and any bonds or notes issued to refund such bonds or notes, all" preceding "when they become due".

§ 4677. Operating expenses.

No amount may be paid out of the General Fund or from any account therein, which account the Bank may establish therein for the purpose of payment of its operating expenses, for operating expenses of the Bank in any year in excess of the amount provided for the operating expenses of the Bank by the annual budget then in effect with respect to that year or any amendment thereof in effect at the time of the payment.

Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970.

§ 4678. Special accounts.

The Bank may establish in the General Fund accounts, subaccounts or special accounts that in its opinion are necessary, desirable, or convenient for its purposes.

Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970.

§ 4679. Additional accounts.

The Bank may establish additional reserves or other funds or accounts as may be, in its discretion, necessary, desirable, or convenient to further the accomplishment of its purposes or to comply with the provisions of any of its agreements or resolutions.

Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970.

Cross References

Cross references. Establishment of special accounts in Revenue Fund, see § 4685 of this title.

§ 4680. Application of funds; excess.

Money or investments in any fund or account of the Bank established or held for any bonds, notes, indebtedness, or liability to be paid, funded, or refunded by issuance of bonds or notes shall, unless the resolution authorizing the bonds or notes provides otherwise, be applied to the payment or retirement of the bonds, notes, indebtedness, or liability, and to no other purpose. If in any fund or account there are any monies in excess of the amount required for payment, funding, or refunding, the monies may be removed from that fund or account but only to the extent that the monies or investments thereafter remaining in the fund or account are not less than the outstanding bonds, notes, indebtedness, or liability of the Bank to be paid, funded, or refunded and for which that fund or account was established or held.

Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970.

§ 4681. Revenue Bond Reserve Fund.

The Bank shall establish and maintain a special fund called the "Vermont Municipal Bond Bank Revenue Bond Reserve Fund" in which there shall be deposited:
1. all monies appropriated by the State for the purpose of such Fund;
2. all proceeds of bonds required to be deposited therein by terms of any contract between the Bank and its bondholders or any resolution of the Bank with respect to the proceeds of bonds; and
3. any other moneys or funds of the Bank which it determines to deposit therein; provided, however, that no such deposit shall be made if such action would impair in any way any contracts between the Bank and its bondholders or noteholders.
Monies in the Revenue Bond Reserve Fund shall be held and applied solely to the payment of the interest on and principal of bonds of the Bank as provided by resolution of the Bank as they become due and payable and for the retirement of bonds. Money may not be withdrawn from the Revenue Bond Reserve Fund if it reduces the amount in the Revenue Bond Reserve Fund to an amount less than the "required debt service reserve," as defined in this subsection, except for payment of interest then due and payable on bonds and the principal of bonds then maturing and payable and for retirement of bonds in accordance with the terms of any contract between the Bank and its bondholders and for which payments other monies of the Bank are not then available. As used in this subsection "required debt service reserve" means, as of any date of computation, the amount or amounts required to be on deposit in the Revenue Bond Reserve Fund as provided by resolution of the Bank. Required debt service reserve shall not be required by resolution of the Bank to exceed "maximum debt service reserve." As used in this subsection "maximum debt service reserve" means, as of any date of computation, the largest amount of money required by the terms of all contracts between the Bank and its bondholders to be raised in any succeeding calendar year for the payment of interest on and maturing principal of outstanding bonds and payments required by the terms of any contracts to sinking funds established for the payment or redemption of bonds, all calculated on the assumption that the bonds will cease to be outstanding after date of the computation by reason of the payment of the bonds at their respective maturities and the payments of the required monies to sinking funds and the application thereof in accordance with the terms of all contracts to the retirement of bonds.
Nothing contained in this section shall require the deposit of monies or funds in the Revenue Bond Reserve Fund which are required to be deposited in the Reserve Fund established pursuant to section 4671 of this chapter.
Added 1987, No. 55 , § 25, eff. May 15, 1987.

§ 4682. Investment of Revenue Bond Reserve Fund.

Monies at any time in the Revenue Bond Reserve Fund may be invested in the same manner as permitted for investment of funds belonging to the State or held in the Treasury.
For purposes of valuation, investments in the Revenue Bond Reserve Fund shall be valued at the lowest of the par value, cost to the Bank or market value of such investments. Valuation on any particular date shall include the amount of interest then earned or accrued to that date on any monies or investments in the Revenue Bond Reserve Fund.
Added 1987, No. 55 , § 26, eff. May 15, 1987.

§ 4683. Revenue Fund.

The Bank shall establish and maintain a fund called the "Revenue Fund" in which there shall be deposited:
1. fees received or charges made by the Bank for use of its services or facilities;
2. any monies that the Bank shall transfer thereto pursuant to section 4672 of this title from the Revenue Bond Reserve Fund established pursuant to section 4681 of this title;
3. monies received by the Bank as payments of principal of or interest on municipal bonds or revenue bonds purchased by the Bank, or received as proceeds of sale of any municipal bonds or revenue bonds or investment obligations of the Bank, or received as proceeds of sale of bonds or notes of the Bank, and required under the terms of any resolution of the Bank or contract with the holders of its bonds or notes to be deposited therein;
4. any monies required under the terms of any resolution of the Bank or contract with the holders of its bonds or notes to be deposited therein; and
5. any monies transferred thereto from any other fund or made available for the purpose of the Fund by the State or for the operating expenses of the Bank; provided, however, that no such deposit or transfer shall be made if such action would impair in any way any contracts between the Bank and its bondholders or noteholders.
Any monies in the Revenue Fund may, subject to any contracts between the Bank and its bondholders or noteholders, be transferred to the Revenue Bond Reserve Fund, or if not so transferred, shall be used for the payment of the principal of or interest on bonds or notes of the Bank as provided by resolution of the Bank when they become due and payable, whether at maturity or upon redemption including payment of any premium upon redemption prior to maturity, and any monies in the Revenue Fund may be used for the purchase of municipal bonds and revenue bonds and for all other purposes of the Bank including payment of its operating expenses.
Added 1987, No. 55 , § 27, eff. May 15, 1987.

§ 4684. Revenue Fund operating expenses.

No amount may be paid out of the Revenue Fund or from any account therein, which account the Bank may establish therein for the purpose of payment of its operating expenses, for operating expenses of the Bank in any year in excess of the amount provided for the operating expenses of the Bank by the annual budget then in effect with respect to that year or any amendment thereof in effect at the time of the payment.

Added 1987, No. 55 , § 28, eff. May 15, 1987.

§ 4685. Special accounts in Revenue Fund.

The Bank may establish in the Revenue Fund accounts, subaccounts, or special accounts which in its opinion are necessary, desirable, or convenient for its purposes.

Added 1987, No. 55 , § 29, eff. May 15, 1987.

Subchapter 7. Protection of Bond and Noteholders

§ 4701. Rights of holders paramount.

In order to carry out its purpose under this chapter of making loans to governmental units, by purchase of the municipal bonds or revenue bonds of those governmental units, and by receipt of its income from service charges and from payments of interest on the maturing principal of municipal bonds or revenue bonds purchased and held by it, and in order to produce revenues or income to the Bank sufficient at all times to meet its costs and expenses of operation under this chapter and to pay the principal of and interest on its outstanding bonds and notes when due, the Bank must at all times, and to the greatest extent possible, so plan to issue its bonds and notes and so lend money to governmental units by the purchase of municipal bonds or revenue bonds of governmental units so that the purpose is achieved without in any way jeopardizing any rights of the holders of bonds or notes of the Bank or affecting other matters under this chapter.

Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970; amended 1987, No. 55 , § 30, eff. May 15, 1987.

History

Amendments--1987 Inserted "or revenue bonds" following "municipal bonds" throughout the section.

§ 4702. Default in payment.

If the Bank defaults in the payment of principal or interest on any issue of notes or bonds after they become due, whether at maturity or upon call for redemption, and the default continues for thirty days, or if the Bank fails or refuses to comply with this chapter or defaults in any agreement made with the holders of any issue of notes or bonds, the holders of 25 per centum in aggregate principal amount of the outstanding notes or bonds of that issue, by instrument filed in the Office of the Clerk of the County of Washington and executed in the same manner as a deed to be recorded, may appoint a trustee to represent the holders of those notes or bonds for the purposes herein provided.

Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970.

Cross References

Cross references. Waiver of defenses upon nonpayment of obligations, see § 4652 of this title.

§ 4703. Powers of trustee on default.

A trustee appointed under section 4702 of this title may, and shall in his or her or its name, upon written request of the holders of 25 per centum in principal amount of the outstanding notes or bonds:

By suit, action, or proceeding, enforce all rights of the noteholders or bondholders, including the right to require the Bank to collect rates, charges, and other fees and to collect interest and amortization payments on municipal bonds, revenue bonds, and notes held by it adequate to carry out any agreement as to, or pledge of, the rates, charges, and other fees and of the interest and amortization payments, and to require the Bank to carry out any other agreements with the holders of the notes or bonds and to perform its duties under this chapter;
Bring suit upon the notes or bonds;
By action or suit, require the Bank to account as if it were the trustee of an express trust for the holders of the notes or bonds;
By action or suit in equity, enjoin anything that may be unlawful or in violation of the rights of the holders of the notes or bonds;
Declare all the notes or bonds due and payable, and if all defaults are made good, then with the consent of the holders of 25 per centum of the principal amount of the outstanding notes or bonds, annul the declaration and its consequences;
The trustee shall in addition to the foregoing have all the powers necessary for the exercise of any functions specifically set forth herein or incident to the general representation of bondholders or noteholders in the enforcement and protection of their rights.
Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970; amended 1987, No. 55 , § 31, eff. May 15, 1987.

History

Revision note. Deleted "mandamus or other" preceding "suit" in subdiv. (1) in light of the abolition of writs of mandamus. See Rule 81(b), Vermont Rules of Civil Procedure.

Deleted "at law or in equity" following "proceeding" in subdiv. (1) and "in equity" following "suit" in subdiv. (4) pursuant to 1971, No. 185 (Adj. Sess.), § 236(d). See note under § 219 of Title 4.

Amendments--1987 Subdiv. (1): Inserted "revenue bonds" following "municipal bonds".

§ 4704. Superior Court jurisdiction.

The Superior Courts have jurisdiction of any suit, action, or proceeding by a trustee on behalf of noteholders or bondholders. The venue of any suit, action, or proceeding shall be laid in the County of Washington.

Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.

History

Amendments--1973 (Adj. Sess.) Substituted "superior court" for "county court".

§ 4705. Notice on default.

Before declaring the principal of notes or bonds due and payable, the trustee must first give 30 days' notice in writing to the Governor, the Bank, the State Treasurer, and the Attorney General of the State.

Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970.

§ 4706. Personal liability.

Neither the members of the Bank nor any person executing bonds or notes issued under this chapter are liable personally on the bonds or notes.

Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970.

§ 4707. Exemption from execution and sale.

All property of the Bank is exempt from levy and sale by virtue of an execution and no execution or other judicial process may issue against it nor may any judgment against the Bank be a charge or lien upon its property, but nothing herein contained shall apply to or limit the rights of the holder of any bonds or notes to pursue any remedy for the enforcement of any pledge or lien given by the Bank on its revenues or other monies.

Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970.

Cross References

Cross references. Tax exemption, see § 4624 of this title.

§ 4708. Pledge of revenues; lien thereof.

Any pledge of revenues or other monies made by the Bank is binding from the time when the pledge is made. Revenues or other monies so pledged and thereafter received by the Bank shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act, and the lien of any pledge is binding against all parties having claims of any kind in tort, contract, or otherwise against the Bank, irrespective of whether the parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be filed or recorded except in the records of the Bank.

Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970.

§ 4709. Federal insurance or guaranty.

The Bank may obtain from any department or agency of the United States of America any available insurance or guaranty for the payment or repayment of interest or principal, or both, or any part thereof, on any bonds or notes issued by the Bank, or on any municipal bonds or revenue bonds of governmental units purchased or held by the Bank, and notwithstanding any other provisions of this chapter may enter into any agreement or contract with respect to any insurance or guaranty except to the extent that it would in any way impair or interfere with the ability of the Bank to perform and fulfill the terms of any agreement made with the holders of the bonds or notes of the Bank.

Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970; amended 1971, No. 148 (Adj. Sess.), § 2, eff. Feb. 14, 1972; 1987, No. 55 , § 32, eff. May 15, 1987.

History

Amendments--1987 Inserted "or revenue bonds" following "municipal bonds".

Amendments--1971 (Adj. Sess.) Rephrased.

§ 4710. Surety for deposits by Bank.

All banks, trust companies, savings banks, investment companies, and other persons carrying on a banking business are hereby authorized to give to the Bank a good and sufficient undertaking with such sureties as shall be approved by the Bank to the effect that the Bank or banking institution as hereinbefore described shall faithfully keep and pay over to the order of or upon the warrant of the Bank or its authorized agent all such funds as may be deposited with it by the Bank and agreed interest thereon under or by reason of this chapter, at such times or upon such demands as may be agreed with the Bank or in lieu of these sureties, deposit with the Bank or its authorized agent or any trustee therefor or for the holders of any bonds, as collateral, such securities as the Bank may approve. The deposits of the Bank may be evidenced by an agreement in such form and upon such terms and conditions as may be agreed upon by the Bank and the depository bank or banking institution.

Added 1969, No. 216 (Adj. Sess.), § 3, eff. March 27, 1970.

CHAPTER 120. SPECIAL ENVIRONMENTAL REVOLVING FUND

SUBCHAPTER 1. GENERAL PROVISIONS

SUBCHAPTER 2. MUNICIPAL LOANS

SUBCHAPTER 3. PRIVATE LOANS FOR PRIVATELY OWNED PUBLIC WATER SYSTEMS

SUBCHAPTER 4. PRIVATE LOANS FOR CLEAN WATER PROJECTS

Subchapter 1. General Provisions

§ 4751. Declaration of policy.

It is hereby declared to be in the public interest to foster and promote timely expenditures by municipalities for water systems, clean water projects, and solid waste management, each of which is declared to be an essential governmental function when undertaken and implemented by a municipality. It is also declared to be in the public interest to promote expenditures for certain existing privately owned public water systems and certain privately owned potable water supply systems to bring those systems into compliance with federal and State standards and to protect public health and the environment. Additionally, it is declared to be in the public interest to promote clean water projects to protect and improve the quality of waters of the State.

Added 1987, No. 75 , § 1; amended 1997, No. 62 , § 65, eff. June 26, 1997; 1999, No. 148 (Adj. Sess.), § 50, eff. May 24, 2000; 2007, No. 52 , § 45, eff. May 28, 2007; 2015, No. 103 (Adj. Sess.), § 24, eff. May 12, 2016; 2017, No. 185 (Adj. Sess.), § 1, eff. May 28, 2018.

History

Amendments--2017 (Adj. Sess.). Substituted "clean water projects," for "water pollution abatement and control facilities" in the first sentence, deleted "wastewater and public and" preceding "potable water supply" in the second sentence, and added the third sentence.

Amendments--2015 (Adj. Sess.). Substituted "water systems" for "water supply", "water pollution abatement and control facilities" for "water pollution control", "public and potable water" for "potable water", and added "and the environment" at the end.

Amendments--2007. Added "and potable water supply" following "privately-owned wastewater" in the second sentence.

Amendments--1999 (Adj. Sess.). Inserted "and certain privately-owned wastewater systems" following "public water systems" in the second sentence.

Amendments--1997 Added the second sentence.

§ 4752. Definitions.

As used in this chapter:

"Agency" means the Agency of Natural Resources.
"Bond Bank" means the Vermont Municipal Bond Bank established by section 4571 of this title.
"Municipality" means any city, town, village, town school district, incorporated school district, union school district, or other school district, fire district, consolidated sewer district, consolidated water district, solid waste district, or statewide or regional water quality utility or mechanism organized under laws of the State.
"Municipal bond" means a bond or note or evidence of debt constituting a general obligation of a municipality.
"Secretary" means the Secretary of Natural Resources or his or her authorized representative.
"Noncommunity water system" shall have the same meaning as in 10 V.S.A. § 1671 .
"Privately owned water system" means any water system that is not owned or operated by a municipality.
"Community water system" shall have the same meaning as in 10 V.S.A. § 1671 .
"Public water supply systems" means a public water system as that term is defined in 10 V.S.A. § 1671 , except for bottled water facilities and for-profit noncommunity systems, which includes water systems, water treatment plants, structures, pipe lines, storage facilities, pumps, and attendant facilities necessary to develop a source of water, and to treat and convey it in proper quantity and quality.
[Repealed.]
"Clean water project" means "water pollution abatement and control facilities," as defined in 10 V.S.A. § 1571 , and such equipment, conveyances, structural or nonstructural facilities, and natural resources projects that are needed for and appurtenant to the prevention, management, treatment, storage, or disposal of stormwater, sewage, or waste, or that provide water quality benefits, including a wastewater treatment facility, combined sewer separation facilities, an indirect discharge system, a wastewater system, flood resiliency work related to a structural facility, or a groundwater protection project.
"Disadvantaged municipality" means a municipality or the served area of a municipality that:
1. has a median household income below the State average median household income as determined by the Secretary and that, after construction of the proposed water supply improvements, will have an annual household user cost greater than one percent of the median household income as determined by the Secretary; or
2. has a median household income equal to or greater than the State average median household income as determined by the Secretary and that, after construction of the proposed water supply improvements, will have an annual household user cost greater than 2.5 percent of the median household income as determined by the Secretary.
"Potable water supply" shall have the same meaning as in 10 V.S.A. § 1972 .
"Sewage" shall have the same meaning as used in section 3501 of this chapter.
"Stormwater" shall have the same meaning as stormwater runoff in section 1264 of this title.
"Waste" shall have the same meaning as used in 10 V.S.A. § 1251 .
"Designer" means a person authorized to design wastewater systems and potable water supplies as identified in 10 V.S.A. § 1975 .
"Natural resources project" means a project to protect, conserve, or restore natural resources, including the acquisition of easements and land, for the purpose of providing water quality benefits.
"Sponsorship program" means an arrangement in which natural resources projects are paired with water pollution abatement and control facilities projects, as defined in 10 V.S.A. § 1571 , for the purposes of water quality improvement. Under the sponsorship program, a municipality may obtain a loan for both a natural resources project and a water pollution abatement and control facilities project. The loan rate and terms shall be adjusted to forgive all or a portion of the natural resources project over the life of the loan. Only municipalities and nonprofit organizations may receive funds under a sponsorship program.
"Hardship municipality" means a municipality served by a municipally owned public community water system that:
1. has a residential population of 250 or less;
2. has an annual household user cost that exceeds $1,000.00 or 1.5 percent of the median household income after construction of the water supply improvements project as determined by the Secretary; and
3. requires improvements to address an imminent public health hazard or a substantial threat to public health as determined by the Secretary.
  Added 1987, No. 75 , § 1; amended 1987, No. 76 , § 18; 1989, No. 30 , § 8, eff. April 27, 1989; 1989, No. 276 (Adj. Sess.), § 36, eff. June 20, 1990; 1997, No. 62 , § 66, eff. June 26, 1997; 1999, No. 148 (Adj. Sess.), § 51, eff. May 24, 2000; 2011, No. 138 (Adj. Sess.), § 30, eff. May 14, 2012; 2015, No. 103 (Adj. Sess.), § 25, eff. May 12, 2016; 2017, No. 168 (Adj. Sess.), § 20, eff. May 22, 2018; 2017, No. 185 (Adj. Sess.), § 2, eff. May 28, 2018; 2017, No. 197 (Adj. Sess.), § 19; 2019, No. 72 , § E.700.

History

2018. Subdivs. (17) and (18), as added by 2017, No. 185 (Adj. Sess.), § 2, were redesignated as subdivs. (18) and (19) to avoid conflict with subdiv. (17) as added by 2017, No. 168 (Adj. Sess.), § 20.

2018. The text of this section is based on a harmonization of three amendments. During the 2017 (Adj. Sess.), this section was amended three times, by Act Nos. 168, 185, and 197, resulting in three versions of this section. In order to reflect all of the changes enacted by the Legislature during the 2017 (Adj. Sess.), the text of Act Nos. 168, 185, and 197 were merged to arrive at a single version of this section. The changes that each of the amendments made are described in amendment notes set out below.

Amendments--2019. Subdiv. (20): Added.

Amendments--2017 (Adj. Sess.). Subdiv. (10): Repealed by Act No. 185.

Subdiv. (11): Amended generally by Act No. 185.

Subdiv. (13): Amended generally by Act Nos. 168 and 197.

Subdiv. (17): Added by Act No. 168.

Subdivs. (18), (19): Added by Act No. 185.

Amendments--2015 (Adj. Sess.). Section amended generally.

Amendments--2011 (Adj. Sess.). Subdiv. (3): Added ", or statewide or regional water quality utility or mechanism" and made a related grammatical change.

Amendments--1999 (Adj. Sess.). Subdiv. (10): Added.

Amendments--1997. Subdiv. (1): Substituted "'Agency'" for "'Agency having jurisdiction'".

Subdivs. (6)-(9): Added.

Amendments--1989 (Adj. Sess.) Subdiv. (5): Added.

Amendments--1989 Subdiv. (1): Deleted "when used in relation to water supply and water pollution control and the agency of development and community affairs when used in relation to solid waste management" following "resources".

Amendments--1987 Subdiv. (1): Substituted "agency of natural resources" for "agency of environmental conservation" following "jurisdiction, means the".

ANNOTATIONS

1. Construction.

Construction of statutes that would have unreasonable result of limiting functions of Secretary of Agency of Natural Resources' delegated representative in many environmental programs should be avoided; separate provision granting similar authorization to Secretary is merely superfluous. Secretary v. Henry, 161 Vt. 556, 641 A.2d 1345 (1994).

§ 4753. Revolving loan funds; authority to spend; report.

There is hereby established a series of special funds to be known as:
1. The Vermont Environmental Protection Agency (EPA) Pollution Control Revolving Fund, which shall be used, consistent with federal law, to provide loans for planning and construction of clean water projects, including acquisitions of project-related easements, land, options to purchase land, and temporary or permanent rights-of-way, and for implementing related management programs.
2. The Vermont Pollution Control Revolving Fund, which shall be used to provide loans to municipalities and State agencies for planning and construction of clean water projects, including acquisitions of project-related easements, land, options to purchase land, and temporary or permanent rights-of-way.
3. The Vermont Environmental Protection Agency (EPA) Drinking Water State Revolving Fund, which shall be used to provide loans to municipalities and certain privately owned water systems for:
  1. planning, designing, constructing, repairing, or improving public water supply systems, including acquisitions of project-related easements, land, options to purchase land, and temporary or permanent rights-of-way, in order to comply with State and federal standards and protect public health and the environment; and
  2. implementing related management programs.
4. The Vermont Solid Waste Revolving Fund, which shall be used to provide loans to municipalities, including union municipal districts formed under chapter 121, subchapter 3 of this title, for planning solid waste handling and disposal facilities as enumerated in section 2203a of this title, and for constructing publicly owned solid waste handling and disposal facilities as enumerated in section 2203a of this title.
5. The Vermont Drinking Water Planning Loan Fund, which shall be used to provide loans to municipalities and privately owned, nonprofit community water systems, for conducting feasibility studies and for the preparation of preliminary engineering planning studies and final engineering plans and specifications for improvements to public water supply systems in order to comply with State and federal standards and to protect public health. The Secretary may forgive up to $50,000.00 of the unpaid balance of a loan made from the Vermont Drinking Water Planning Loan Fund to municipalities after project construction is substantially completed or upon approval of a plan. The Secretary shall establish amounts, eligibility, policies, and procedures for loan forgiveness in the annual State Intended Use Plan (IUP), as required by the Safe Drinking Water Act, 42 U.S.C. § 300f et seq., with public review and comment prior to finalization and submission to the U.S. Environmental Protection Agency.
6. The Vermont Drinking Water Source Protection Fund, which shall be used to provide loans to municipalities for purchasing land or conservation easements in order to protect public water sources and ensure compliance with State and federal drinking water regulations.
7. The Vermont Drinking Water Emergency Use Fund, which shall be within the control of the Secretary. Disbursements from the Fund may be made by the Secretary for costs required to undertake the following emergency actions that the Secretary considers necessary to protect public health:
  1. collecting and analyzing samples of drinking water;
  2. hiring contractors to perform or cause to be performed infrastructure repairs of public water supply systems;
  3. hiring certified operators to perform operational activities at public water supply systems; and
  4. providing or causing to be provided bottled or bulk water for public water supply systems due to problems with quality or quantity, or both.
8. [Repealed.]
9. The Vermont Drinking Water Revolving Loan Fund, which shall be used to provide loans to a municipality for the design, land acquisition, if necessary, and construction of a potable water supply when a household in the municipality has been disconnected involuntarily from a public water supply system for reasons other than nonpayment of fees.
10. The Vermont Wastewater and Potable Water Revolving Loan Fund, which shall be used to provide loans to individuals, in accordance with section 4763b of this title, for the design and construction of repairs to or replacement of wastewater systems and potable water supplies when the wastewater system or potable water supply is a failed system or supply as defined in 10 V.S.A. § 1972 , or when a designer demonstrates that the wastewater system or potable water supply has a high probability of failing. The amount of up to $275,000.00 from the fees collected pursuant to 3 V.S.A. § 2822(j)(4) shall be deposited into this Fund at the beginning of each fiscal year to ensure a minimum balance of available funds of $275,000.00 exists for each fiscal year.
1. Each of such funds shall be established and held separate and apart from any other funds or monies of the State and shall be used and administered exclusively for the purpose of this chapter with the exception of transferring funds from the Vermont Drinking Water Planning Loan Fund and the Vermont Drinking Water Source Protection Fund to the Vermont Environmental Protection Agency (EPA) Drinking Water State Revolving Fund, and from the Vermont Pollution Control Revolving Fund to the Vermont Environmental Protection Agency (EPA) Pollution Control Revolving Fund, when authorized by the Secretary. (b) (1) Each of such funds shall be established and held separate and apart from any other funds or monies of the State and shall be used and administered exclusively for the purpose of this chapter with the exception of transferring funds from the Vermont Drinking Water Planning Loan Fund and the Vermont Drinking Water Source Protection Fund to the Vermont Environmental Protection Agency (EPA) Drinking Water State Revolving Fund, and from the Vermont Pollution Control Revolving Fund to the Vermont Environmental Protection Agency (EPA) Pollution Control Revolving Fund, when authorized by the Secretary.
2. These funds shall be administered by the Bond Bank on behalf of the State, except that:
  1. the Vermont EPA Drinking Water State Revolving Fund shall be administered by VEDA concerning loans to privately owned public water systems in accordance with subchapter 3 of this chapter;
  2. the Vermont Environmental Protection Agency (EPA) Pollution Control Revolving Fund shall be administered by VEDA concerning loans to private entities for clean water projects in accordance with subchapter 4 of this chapter; and
  3. the Vermont Wastewater and Potable Water Revolving Loan Fund may be administered by a community development financial institution, as that term is defined in 12 U.S.C. § 4702, that is contracted with by the State for the purpose of providing loans to individuals for failed wastewater systems and potable water supplies in accordance with section 4763b of this chapter.
3. The funds shall be invested in the same manner as permitted for investment of funds belonging to the State or held in the Treasury.
4. The funds shall consist of the following:
  1. such sums as may be appropriated or transferred thereto from time to time by the General Assembly, the State Emergency Board, or the Joint Fiscal Committee during such times as the General Assembly is not in session;
  2. principal and interest received from the repayment of loans made from each of such funds;
  3. capitalization grants and awards made to the State by the United States of America for any of the purposes for which such funds have been established;
  4. interest earned from the investment of fund balances;
  5. private gifts, bequests, and donations made to the State for any of the purposes for which such funds have been established; and
  6. other funds from any public or private source intended for use for any of the purposes for which such funds have been established.
In addition to the purposes established in subsection (a) of this section, the various loan funds created by this section may be used for one or more of the purposes established in section 4757 of this title.
[Repealed.]
The Secretary may bring an action under this subsection or other available State and federal laws against the owner or permittee of the public water supply systems to seek reimbursement to the Vermont Drinking Water Emergency Use Fund for all disbursements from the Fund made pursuant to subdivision (a)(7) of this section. To the extent compatible with the urgency of the situation, the Secretary shall provide an opportunity for the responsible water system owner or permittee to undertake the necessary actions under the direction of the Secretary prior to making disbursements.
Added 1987, No. 75 , § 1; amended 1993, No. 233 (Adj. Sess.), § 62, eff. June 21, 1994; 1995, No. 62 , § 44, eff. April 26, 1995; 1997, No. 62 , § 67, eff. June 26, 1997; 1997, No. 134 (Adj. Sess.), § 1; 1997, No. 148 (Adj. Sess.), § 51, eff. April 29, 1998; 1999, No. 109 (Adj. Sess.), § 2; 1999, No. 148 (Adj. Sess.), § 52, eff. May 24, 2000; 2001, No. 61 , § 38, eff. June 16, 2001; 2001, No. 109 (Adj. Sess.), § 11; eff. May 16, 2002; 2001, No. 149 (Adj. Sess.), § 90, eff. June 27, 2002; 2003, No. 63 , § 50, eff. June 11, 2003; 2007, No. 52 , §§ 43, 46, eff. May 28, 2007; 2007, No. 130 (Adj. Sess.), § 7, eff. May 12, 2008; 2011, No. 104 (Adj. Sess.), § 28e, eff. May 7, 2012; 2011, No. 161 (Adj. Sess.), § 13; 2013, No. 137 (Adj. Sess.), § 1, eff. May 22, 2014; 2015, No. 103 (Adj. Sess.), § 26, eff. May 12, 2016; 2015, No. 172 (Adj. Sess.), § E.709.2, eff. June 8, 2016; 2017, No. 168 (Adj. Sess.), § 21, eff. May 22, 2018; 2017, No. 185 (Adj. Sess.), § 3, eff. May 28, 2018; 2017, No. 197 (Adj. Sess.), § 20; 2019, No. 141 (Adj. Sess.), § 1, eff. July 13, 2020.

History

2011 (Adj. Sess.). Subdiv. (a)(10) was originally enacted as subdiv. (a)(9) of this section and was redesignated as subdiv. (a)(10) to avoid conflict with subdiv. (a)(9) as previously enacted by 2011, No. 104 (Adj. Sess.), § 28e.

Revision note - Substituted "sewage disposal plants" for "sewage disposal plans" in two places in subdiv. (a)(1) to conform to section 3601 of this title.

Amendments--2019 (Adj. Sess.). Subsec. (b): Amended generally.

Amendments--2017 (Adj. Sess.). Subdiv. (a)(1): Act No. 185 deleted "to municipalities and State agencies" following "loans" and substituted "clean water projects," for "water pollution abatement and control facilities" preceding "including".

Subdiv. (a)(2): Act No. 185 substituted "clean water projects," for "water pollution abatement and control facilities" preceding "including".

Subdiv. (a)(10): Amended generally by Act Nos. 168 and 197.

Amendments--2015 (Adj. Sess.). Section amended generally by Act No. 103.

Act No. 172 deleted "with populations of less than 10,000," following "water systems," in the first sentence of subdiv. (a)(5).

Amendments--2013 (Adj. Sess.). Subdiv. (a)(10): Substituted "section 4763b" for "section 4763a" following "in accordance with".

Subsec. (b): Inserted "; and the Fund may be administered by a community development financial institution, as that term is defined in 12 U.S.C. § 4702, that is contracted with by the State for the purpose of providing loans to individuals for failed wastewater systems and potable water supplies under subdivision (a)(10) of this section" at the end of the second sentence.

Amendments--2011 (Adj. Sess.). Subdivs. (a)(9), (a)(10): Added.

Amendments--2007 (Adj. Sess.) Substituted "publicly owned" and "privately owned" for "publicly-owned" and "privately-owned" in subdivs. (a)(1) and (2); deleted former subdiv. (a)(8); and substituted "30 percent" for "10 percent" in subdiv. (d)(2).

Amendments--2007. Subsec. (a)(1): Added ", state agencies, and the Vermont housing finance agency," preceding "for planning".

Subsec. (a)(2): Added ", state agencies, and the Vermont housing finance agency," preceding "for planning", substituted a comma for "and" following "control facilities", and added ", and for constructing certain privately-owned wastewater systems and potable water supply systems" at the end.

Subsec. (d): Added "(a)" preceding "(1) and (2)" and deleted "of subsection (a)" preceding "of this section", in the introductory paragraph; and added "refurbishment or" preceding "construction of" in subdiv. (1).

Amendments--2003. Subdiv. (a)(8): Added.

Amendments--2001 (Adj. Sess.) Act No. 109 inserted "treatment or" preceding "disposal plants as defined in sections" in two places in subdiv. (a)(1).

Act No. 149 inserted the (1) designation in subsec. (d) and added "or" at the end of the subdiv., and added subdiv. (2).

Amendments--2001. Subdiv. (a)(5): Amended generally.

Amendments--1999 (Adj. Sess.). Subdiv. (a)(1): Act No. 148 inserted "for planning or construction of certain privately-owned wastewater systems" following "sections 3501(6) and 3601 of this title".

Subdiv. (a)(7): Added by Act No. 109.

Subsec. (b): Act No. 148 inserted "and from the Vermont pollution control revolving fund to the Vermont environmental protection agency (EPA) pollution control revolving fund" in the first sentence.

Subsec. (e): Added by Act No. 109.

Amendments--1997 (Adj. Sess.). Act No. 134 added subdivs. (a)(5) and (a)(6), and in the introductory language of subsec. (b) added the exception at the end of the first sentence.

Act No. 148 added "; authority to spend; report" to the end of the heading.

Amendments--1997. Subdiv. (a)(3): Amended generally.

Subsec. (b): Rewrote the former second sentence as the present second and third sentences in the introductory paragraph.

Subsec. (d): Substituted "section 1626a" for "section 1626".

Amendments--1995 Subsec. (d): Substituted "may" for "shall" preceding "be awarded", deleted "only" thereafter, and substituted "in accordance with the provisions of this chapter and" for "as provided by" preceding "section 1626".

Amendments--1993 (Adj. Sess.) Subsec. (d): Added.

§ 4753a. Awards from revolving loan funds.

Pollution control. The General Assembly shall approve all categories of awards made from the special funds established by section 4753 of this title for water pollution abatement and facility construction, in order to assure that such awards conform with State policy on water quality and pollution abatement, and with the State policy that municipal entities shall receive first priority in the award of public monies for such construction, including monies returned to the revolving funds from previous awards. To facilitate this legislative oversight, the Secretary of Natural Resources shall annually on or before January 15 report to the House Committees on Corrections and Institutions and on Natural Resources, Fish, and Wildlife and the Senate Committees on Institutions and on Natural Resources and Energy on all awards made from the relevant special funds during the prior and current fiscal years, and shall report on and seek legislative approval of all the types of projects for which awards are proposed to be made from the relevant special funds during the current or any subsequent fiscal year. Where feasible, the specific projects shall be listed. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection.
[Repealed.]
[Repealed.]
Loan forgiveness; pollution control. Notwithstanding any other provision of law regarding loan forgiveness, upon the award of a loan from the Vermont Environmental Protection Agency Pollution Control Revolving Fund (CWSRF), the Secretary of Natural Resources, in a manner that is consistent with federal grant provisions, may provide loan forgiveness.
Loan forgiveness; drinking water.
1. Notwithstanding any other provision of law regarding loan forgiveness, upon the award of a loan from the Vermont Environmental Protection Agency Drinking Water State Revolving Fund (DWSRF), the Secretary of Natural Resources, in a manner that is consistent with federal grant provisions, may provide loan forgiveness.
2. Notwithstanding any other provision of law regarding loan forgiveness, upon the award of a loan from the Vermont Drinking Water State Revolving Loan Fund, the Secretary of Natural Resources may provide loan forgiveness for preliminary engineering and final design costs when a municipality undertakes such engineering on behalf of a household that has been disconnected involuntarily from a public water supply system for reasons other than nonpayment of fees, provided it is not the same municipality that is disconnecting the household.
Loan forgiveness standard. The Secretary shall establish standards, policies, and procedures as necessary for implementing subsections (d) and (e) of this section for allocating the funds among projects and for revising standard priority lists in order to comply with requirements associated with federal capitalization grant agreements.
Added 1997, No. 148 (Adj. Sess.), § 52, eff. April 29, 1998; amended 2007, No. 52 , § 47, eff. May 28, 2007; 2011, No. 117 (Adj. Sess.), § 4; 2011, No. 161 (Adj. Sess.), § 15; 2013, No. 142 (Adj. Sess.), § 40; 2015, No. 26 , § 39, eff. May 18, 2015; 2015, No. 97 (Adj. Sess.), § 58; 2015, No. 103 (Adj. Sess.), § 27, eff. May 12, 2016; 2017, No. 113 (Adj. Sess.), § 159a.

History

2012 The text of this section is based on a harmonization of two amendments. During the 2011 Adjourned Session, § 4753a was amended twice, by Act Nos. 117 and 161, resulting in two versions of the section. In order to reflect all of the changes enacted by the General Assembly during this session, the text of Act Nos. 117 and 161 were merged to arrive at a single version of § 4753a. The changes that each of the amendments made are described in amendment notes set out below.

Amendments--2017 (Adj. Sess.) Subsec. (a): Amended generally the second sentence.

Amendments--2015 (Adj. Sess.). Subsec. (a): Substituted "Natural Resources and Energy" for "Resources and Energy" in the second sentence by Act No. 97.

Subsec. (a): Inserted "abatement and" following "water pollution" in the first sentence; substituted "on or before January 15" for "no later than January 15" and "Committees on Natural resources" for "Committees on Resources" in the second sentence by Act No. 103.

Subsec. (b): Repealed by Act Nos. 97 and 103.

Subsec. (d) and subdiv. (e)(1): Amended generally by Act No. 103.

Amendments--2015. Subsec. (e): Added the subdiv. (1) designation, and added subdiv. (2).

Amendments--2013 (Adj. Sess.). Subsec. (a): Added the last sentence.

Amendments--2011 (Adj. Sess.) Subsec. (a): Act 161 deleted ", except as provided in subsection (c) of this section" in the first sentence.

Subsec. (b): Act 161 substituted "house committee on corrections and institutions, the senate committee on institutions, and the house and senate committees on natural resources" for "house and senate committees on institutions and on natural resources".

Subsec. (c): Repealed by Act 161.

Subsecs. (d)-(f): Added by Act 117.

Amendments--2007. Subsec. (a): Added "except as provided in subsection (c) of this section" following "state policy" in the first sentence.

Subsec. (c): Added.

§ 4753b. Acceptance of funds.

The Commissioner of Environmental Conservation, with the approval of the Secretary of Natural Resources, may accept federal grants made available through the federal Clean Water Act and the federal Drinking Water Act in accordance with this chapter. Acceptance of this grant money is hereby approved, provided all notifications are made under subsection 4760(a) of this title.
The Commissioner shall report receipt of a grant under this section to the Chairs of the Senate Committee on Institutions and the House Committee on Corrections and Institutions and the Joint Fiscal Committee.
Added 2009, No. 43 , § 38, eff. May 27, 2009; amended 2013, No. 142 (Adj. Sess.), § 41; 2015, No. 131 (Adj. Sess.), § 28.

History

Amendments--2015 (Adj. Sess.). Subsec. (b): Deleted the final sentence, which read, "The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection.".

Amendments--2013 (Adj. Sess.). Subsec. (b): Added the second sentence.

Subchapter 2. Municipal Loans

History

Forgiveness of repayment of planning advances. 2017, No. 168 (Adj. Sess.), § 18 provides: "The Secretary of Natural Resources shall not require a municipality to repay engineering planning advances awarded under 24 V.S.A. chapter 120, subchapter 2 if the Secretary determines that:

"(1) the engineering planning advance was awarded prior to September 1, 2011; and

"(2) due to the effects of Tropical Storm Irene, documentation is no longer available to establish the engineering planning scope and associated construction project for which the engineering planning advance was awarded."

§ 4754. Loan application.

A municipality may apply for a loan, the proceeds of which shall be used to acquire, design, plan, construct, enlarge, repair, or improve a clean water project, public water supply systems as defined in subdivision 4752(9) of this title, or a solid waste handling and disposal facility, or certain privately-owned clean water projects as described in section 4763 of this title, or to implement a related management program. In addition, the loan proceeds shall be used to pay the outstanding balance of any engineering planning advances made to the municipal applicant under this chapter and determined by the Secretary to be due and payable following construction of the improvements to be financed by the proceeds of the loan. The Bond Bank may prescribe any form of application or procedure required of a municipality for a loan hereunder. The application shall include such information as the Bond Bank shall deem necessary for the purpose of implementing this chapter.

Added 1987, No. 75 , § 1; amended 1987, No. 76 , § 18; 1999, No. 148 (Adj. Sess.), § 53, eff. May 24, 2000; 2001, No. 109 (Adj. Sess.), § 12, eff. May 16, 2002; 2015, No. 103 (Adj. Sess.), § 28, eff. May 12, 2016; 2017, No. 185 (Adj. Sess.), § 4, eff. May 28, 2018.

History

Amendments--2017 (Adj. Sess.). Substituted "a clean water project" for "a publicly owned water pollution abatement and pollution control facility" following "repair, or improve" and "clean water projects" for "wastewater systems" preceding "as described in section 4763" in the first sentence and substituted "The application" for "Such application" in the last sentence.

Amendments--2015 (Adj. Sess.). Section amended generally.

Amendments--2001 (Adj. Sess.) Inserted "treatment or" preceding "disposal plant" in the first sentence.

Amendments--1999 (Adj. Sess.). Inserted "or certain privately-owned wastewater systems as described in section 4763 of this title" following "disposal facility" in the first sentence.

Amendments--1987. Substituted "agency of natural resources" for "agency of environmental conservation" following "secretary of the" in the second sentence.

§ 4755. Loan; loan agreements; general provisions.

Except as provided by subsection (c) of this section, the Bond Bank may make loans to a municipality on behalf of the State for one or more of the purposes set forth in section 4754 of this chapter. Each of the loans shall be made subject to the following conditions and limitations:
1. No loan shall be made for any purpose permitted under this chapter other than from the revolving fund in which the same purpose is included.
2. The total amount of loan out of a particular revolving fund shall not exceed the balance of that fund.
3. The loan shall be evidenced by a municipal bond, payable by the municipality over a term not to exceed 40 years or the projected useful life of the project, whichever is less, except:
  1. there shall be no deferral of payment;
  2. the term of the loan shall not exceed 30 years when required by section 4763c of this title;
  3. the loan may be evidenced by any other permitted debt instrument payable as permitted by chapter 53 of this title; and
  4. the term of the loan shall not exceed 30 years for clean water projects.
4. Notwithstanding any other provisions of law, municipal legislative bodies may execute notes and incur debt on behalf of municipalities:
  1. with voter approval at a duly warned meeting, for amounts less than $75,000.00;
  2. by increasing previously approved bond authorizations by up to $75,000.00 to cover unanticipated project costs or the cost of directly and functionally related enhancements;
  3. without voter approval for a natural resources project under the sponsorship program, as defined in section 4752 of this title, provided that:
    1. the amount of the debt incurred does not exceed an amount to be forgiven or cancelled upon the completion of the project; and
    2. the municipality obtains voter approval for the paired water pollution abatement and control facilities project under the sponsorship program, pursuant to the requirements set forth in chapter 53 of this title; or
  4. without voter approval for municipal clean water and public water supply system projects receiving loan forgiveness, provided that the amount of debt incurred does not exceed the amount to be forgiven or cancelled upon completion of the project.
5. The rate of interest charged for the loans made to municipalities under this chapter, or the manner of determining the same, shall be established from time to time by the State Treasurer after consultation with the Secretary taking into consideration the current average rate on outstanding marketable obligations of the State as of the last day of the preceding month. The rate of interest shall be no less than zero percent and no more than the market interest rate, as determined by the Bond Bank, except as provided in section 4763c of this title. An administrative fee of no more than two percent shall be charged for the loans made to municipalities under this chapter from the Clean Water State Revolving Fund and the Vermont Environmental Protection Agency Drinking Water State Revolving Fund. The Secretary shall establish the method used to determine such administrative fee. Fee proceeds shall be deposited into a nonlapsing account and be held separately from the funds established pursuant to section 4753 of this title. Monies from such account shall be used to pay the costs of administering each of the funds established by subsection 4753(a) of this title, and any excess shall be transferred to the appropriate account established by subsection 4753(a) of this title.
Loans made to a municipality by the Bond Bank on behalf of the State under this chapter shall be evidenced by and made in accordance with the terms and conditions specified in a loan agreement to be executed by the Bond Bank on behalf of the State and the municipality. The loan agreement shall specify the terms and conditions of loan repayment by the municipality, as well as the terms, conditions, and estimated schedule of disbursement of loan proceeds. Disbursement of loan proceeds shall be based upon certification of the loan recipient showing that costs for which reimbursement is requested have been incurred and paid by the recipient. The recipient shall provide supporting evidence of payment upon the request of the Department. Partial payments of loan proceeds shall be made not more frequently than monthly. Interest costs incurred in local short-term borrowing of the loan amount shall be reimbursed as part of the loan. The loan agreement shall state the term and interest rate of the loan, the scheduling of loan repayments, and such other terms and conditions as shall be deemed necessary by the Bond Bank.
The Vermont Economic Development Authority shall make loans on behalf of the State when the loan recipient is a privately owned public water system. Such loans shall be issued and administered pursuant to subchapter 3 of this chapter.
[Repealed.]
For the purposes of this chapter, a State administrative department as authorized in Title 3 shall be deemed a municipality and subject to the terms and conditions applicable to municipalities; provided, however, that a State administrative department deemed a municipality shall only receive State assistance under this chapter if the department has a surplus of funds at the end of each fiscal year after all municipal loan applicants have received committed funds.
Added 1987, No. 75 , § 1; amended 1987, No. 219 (Adj. Sess.), § 5, eff. May 27, 1988; 1989, No. 276 (Adj. Sess.), § 37, eff. June 20, 1990; 1997, No. 62 , § 69, eff. June 26, 1997; 1997, No. 148 (Adj. Sess.), § 53, eff. April 29, 1998; 2001, No. 61 , § 39, eff. June 16, 2001; 2015, No. 26 , § 40, eff. May 18, 2015; 2015, No. 97 (Adj. Sess.), § 87; 2015, No. 103 (Adj. Sess.), § 29, eff. May 12, 2016; 2017, No. 185 (Adj. Sess.), § 5, eff. May 28, 2018; 2019, No. 42 , § 36, eff. May 30, 2019; 2019, No. 141 (Adj. Sess.), § 2, eff. July 13, 2020.

History

Amendments--2019 (Adj. Sess.). Subdiv. (a)(4)(D): Added.

Amendments--2019. Subdiv. (a)(3): Substituted "40" for "30" in the introductory paragraph, substituted "30" for "20" and deleted "and" at the end of subdiv. (a)(3)(B), added "; and" at the end of subdiv. (a)(3)(C), and added subdiv. (a)(3)(D).

Amendments--2017 (Adj. Sess.). Subsec. (a): Substituted "the loans" for "such loans" in the second sentence.

Subdiv. (a)(4)(A): Deleted "or" from the end of the sentence.

Subdiv. (a)(4)(B): Inserted "or the cost of directly and functionally related enhancements; or" to the end of the sentence.

Subdiv. (a)(4)(C): Added.

Amendments--2015 (Adj. Sess.). Section amended generally by Act No. 103.

Act Nos. 97 and 103 repealed subsec. (d).

Amendments--2015. Subdiv. (a)(3): Amended generally.

Amendments--2001. Subsec. (a): Deleted "and" from the end of subdiv. (3); added present subdiv. (4); and redesignated former subdiv. (4) as present subdiv. (5); and added the present fourth sentence.

Amendments--1997 (Adj. Sess.). In subdiv. (a)(4) added the third through fifth sentences, and added subsec. (d).

Amendments--1997. Subsec. (a): Substituted "Except as provided by subsec. (c) of this section, the" for "the" preceding "bond bank" in the first sentence of the introductory paragraph.

Subdiv. (a)(3): Substituted "10 V.S.A. §§ 1624(b) and 1624a" for "10 V.S.A. § 1624a".

Subdiv. (a)(4): Deleted "having jurisdiction" following "secretary of the agency" in the first sentence and added the third sentence.

Subsec. (c): Added.

Amendments--1989 (Adj. Sess.) Subsec. (b): Deleted "and" preceding "conditions", inserted "and estimated schedule" thereafter and made a minor change in punctuation in the second sentence, and added the third through sixth sentences.

Amendments--1987 (Adj. Sess.) Subdiv. (a)(3): Inserted "and" preceding "without deferral of payment" and "except as provided by 10 V.S.A. § 1624a" thereafter.

Cross References

Cross references. Eligibility, see § 4770 of this title.

Recovery of delinquent loan payments, see § 4762 of this title.

§ 4756. Eligibility certification.

No construction loan or loan for the purchase of land or conservation easements to a municipality shall be made under this chapter, nor shall any part of any revolving fund that is designated for project construction be expended under section 4757 of this title, until such time as:
1. The Secretary shall certify to the Bond Bank that all water supply and wastewater permits, land use, subdivision, public building, and discharge permits necessary to construct the improvements to be financed by the loan will be issued to the applicant municipality prior to disbursement of funds under the loan for construction;
2. The applicant municipality shall certify to the Bond Bank that it will have secured all State and federal permits, licenses, and approvals necessary to construct the improvements to be financed by the loan prior to expending funds under the loan;
3. The applicant municipality shall certify to the Bond Bank that it has established a rate charge or assessment schedule that will generate annually sufficient revenue to pay the principal of and interest on the municipal bond or other debt instrument that evidences the construction loan made by the Bond Bank to the municipality under this chapter and to pay reasonably anticipated costs of operating and maintaining the financed project and the system of which it is a part. A covenant by the municipality to set, collect, and apply rates, charges, and assessments under section 3313, 3348, 3616, or 3679 of this title shall be sufficient for the purposes of this certification requirement. When the financing of the project anticipates revenues from the sale of electricity, evidence shall be submitted showing that construction of the project has been authorized and that rates for the project have been approved by the Public Utility Commission;
4. The applicant municipality shall certify to the Bond Bank that it has created a fund under section 2804 of this title, or by any other means permitted by law, including adoption of a resolution or covenant by the legislative branch of the applicant municipality, which fund shall be used only to repair, replace, improve, or enlarge the project for which the loan is made;
5. The applicant municipality, and the project to be financed by the proceeds of the loan, have been designated by the Agency, or a department thereof, as eligible to participate in a construction or implementation program funded wholly or in part by the State or the United States of America;
6. The Secretary shall certify to the Bond Bank that any management program to be financed under subdivision 4753(a)(1) and section 4754 of this title is in conformance with all applicable State and federal laws, and all rules and regulations adopted thereunder;
7. The Secretary shall certify to the Bond Bank that the loan eligibility priority established under section 4758 of this chapter entitles the applicant municipality to immediate financing or assistance under this chapter;
8. The Secretary shall certify to the Bond Bank the outstanding balance of engineering planning advances paid to the applicant municipality under 24 V.S.A. chapter 120 and included within the loan application submitted under section 4754 of this chapter;
9. The applicant municipality, in the case of applications by towns, cities, and incorporated villages, and with respect to all loans awarded after July 1, 1992, shall certify to the Bond Bank that the project conforms to a duly adopted capital budget and program, consistent with chapter 117 of this title, for meeting the water supply, pollution control, or solid waste needs of the municipality; and
10. The applicant municipality, in the case of an application by a district, shall certify to the Bond Bank that the project conforms to a capital budget and program duly adopted by the district in accordance with the provisions of its charter.
The Bond Bank may make loans to a municipality for the preparation of final engineering plans and specifications subject to the following conditions and limitations:
1. The loan shall be evidenced by a note, executed by the municipality, payable over a term not to exceed 30 years at zero percent interest in equal annual payments.
2. The Secretary of Natural Resources shall have certified to the Bond Bank that the project:
  1. has priority for award of a planning loan;
  2. for which final engineering plans are to be prepared, is described in a preliminary engineering plan or facilities plan that has been approved by the Secretary; and
  3. is in conformance with applicable State and federal law and rules and regulations adopted thereunder.
The Bond Bank may make loans to a municipality for the preparation of preliminary engineering planning studies or facilities plans subject to the conditions and limitations of subdivisions (b)(1) and (2)(A) of this section.
Loans awarded from the same revolving fund under subsections (b) and (c) of this section may be consolidated, and may also be consolidated with loans awarded under subsection (a) of this section. One loan may be issued for construction and preparation of final engineering plans and specifications.
The legislative body of a municipality may execute notes and incur debt on behalf of the municipality under subsections (b) and (c) of this section without public approval, provided that such debt shall be included in any subsequent public authorization of municipal indebtedness necessary to construct the project for which the planning loans were used. A municipality desiring to secure public authorization of debt incurred under subsections (b) and (c) of this section may utilize procedures authorized under section 1786a of this title, and may be refunded through a consolidation under subsection (d) of this section.
The Bond Bank may adopt simplified procedures for processing and awarding loans authorized under subsections (b) and (c) of this section.
The Secretary shall not certify a solid waste project without first finding that the proposed project conforms to the State and local solid waste management plans adopted in accordance with 10 V.S.A. chapter 159. Until such plans are adopted the Secretary shall certify that the project will promote the goals and purposes of 10 V.S.A. chapter 159 and the Solid Waste Task Force report.
Added 1987, No. 75 , § 1; amended 1987, No. 246 (Adj. Sess.), § 2, eff. June 13, 1988; 1993, No. 180 (Adj. Sess.), § 2; 1995, No. 185 (Adj. Sess.), § 53, eff. May 22, 1996; 1997, No. 62 , § 70, eff. June 26, 1997; 1997, No. 134 (Adj. Sess.), § 2; 1997, No. 148 (Adj. Sess.), § 54, eff. April 29, 1998; 2015, No. 26 , § 41, eff. May 18, 2015; 2015, No. 97 (Adj. Sess.), § 59; 2017, No. 74 , § 109.

History

2017. In subdiv. (a)(3), substituted "Public Utility Commission" for "Public Service Board" in accordance with 2017, No. 53 , § 12.

1998. Act No. 148, § 54 also amended this section identically.

Amendments--2017. Subdiv. (a)(6): Substituted "rules and regulations adopted" for "regulations promulgated" preceding "thereunder".

Subdiv. (b)(2)(C): Inserted "and regulations" following "rules".

Amendments--2015 (Adj. Sess.). Subdiv. (b)(2)(C): Substituted "rules adopted" for "regulations promulgated".

Amendments--2015. Subdiv. (b)(1): Substituted "30 years" for "20 years".

Amendments--1997 (Adj. Sess.). Subsec. (a): Act No. 134, § 2 added "or loan for the purchase of land or conservation easements" in the introductory language; in subdiv. (1) deleted "and operate" after "necessary to construct", substituted "will be issued" for "have been issued", and added the language beginning "prior to disbursement"; and in subdiv. (2) substituted "will have secured" for "has secured", deleted "and operate" after "necessary to construct", and added "prior to expending funds under the loan".

Subsec. (d): Act No. 134, § 2 also added "from the same revolving fund" in the first sentence and added the last sentence.

Amendments--1997. Subsec. (a): Inserted "construction" preceding "loan" and "which is designated for project construction" following "revolving fund" in the introductory paragraph; deleted "of the agency having jurisdiction" following "the secretary" and substituted "water supply and wastewater permits" for "necessary" preceding "land use" in subdiv. (1); deleted "having jurisdiction" following "agency" in subdiv. (5); and deleted "of the agency having jurisdiction" following "the secretary" in subdivs. (6)-(8).

Subsec. (g): Deleted "of the agency having jurisdiction" following "the secretary".

Amendments--1995 (Adj. Sess.) Inserted "construction" preceding "loan" and "which is designated for project construction" following "revolving fund" in the introductory paragraph of subsec. (a), inserted "construction" preceding "loan" in the first sentence of subdiv. (a)(3), added present subsecs. (b) through (f), redesignated former subsec. (b) as present subsec. (g), and substituted "chapter 159 of Title 10" for "10 V.S.A. chapter 159" throughout that subsec.

Amendments--1993 (Adj. Sess.) Subdiv. (a)(9): Inserted "duly adopted" preceding "capital" and substituted "consistent with" for "duly adopted by a town, city, or incorporated village pursuant to" preceding "24 V.S.A." and "or" for "and" following "control".

Amendments--1987 (Adj. Sess.) Subdiv. (a)(9): Inserted "applications by towns, cities and incorporated villages, and with respect to all" preceding "loans awarded" and added "and" at the end of the subdiv.

Subdiv. (a)(10): Added.

§ 4757. Revolving loan funds; additional uses.

In addition to providing a source of funds from which loans may be made to municipalities under this chapter, each fund created under section 4753 of this chapter may be used for one or more of the following purposes:

To make loans, to refund bonds or notes of a municipality issued after March 7, 1985 for sewerage works, or after July 1, 1993 for water supply systems for the purpose of financing the construction of any capital improvements or management program described in section 4753 and certified under section 4756 of this title.
To guarantee or insure, directly or indirectly, the payment of notes or bonds issued or to be issued by a municipality for the purpose of financing the construction of any capital improvement or management program described in section 4754 of this title and certified under section 4756.
To guarantee or insure, directly or indirectly, funds established by municipalities for the purpose of financing construction of any capital improvement described in section 4754 of this title.
To invest available fund balances, and to credit the net interest income thereon to the particular fund providing investment funds.
To pay the costs of the Bond Bank, VEDA, and the agency associated with the administration of each fund; provided, however, that no more than four percent of the aggregate of the highest fund balances in any fiscal year shall be used for such purposes, and that a separate account be established outside the Drinking Water State Revolving Fund for such purposes. As used in this subsection, costs shall include fiscal, clerical, administrative, and issuance expenditures directly attributable and allocated to the maintenance implementation and administration of the loan funds created under this chapter.
To pay from the Vermont Wastewater and Potable Water Revolving Loan Fund the costs of administration of loans awarded under subdivision 4753(a)(10) of this title.
Added 1987, No. 75 , § 1; amended 1997, No. 62 , § 71, eff. June 26, 1997; 2013, No. 137 (Adj. Sess.), § 2, eff. May 22, 2014.

History

Amendments--2013 (Adj. Sess.). Subdiv. (6): Added.

Amendments--1997. Subdiv. (1): Inserted "for sewerage works, or after July 1, 1993 for water supply systems" following "March 7, 1985".

Subdiv. (5): Rewrote the first sentence.

§ 4758. Loan priorities.

Periodically, and at least annually, the Secretary shall prepare and certify to the Bond Bank a project priority list of those municipalities whose publicly or privately owned clean water projects are eligible for financing or assistance under this chapter. In determining financing availability for clean water projects under this subchapter, the Secretary shall apply the criteria adopted pursuant to 10 V.S.A. § 1628 .
[Repealed.]
Added 1987, No. 75 , § 1; amended 1997, No. 62 , § 72, eff. June 26, 1997; 1999, No. 148 (Adj. Sess.), § 54, eff. May 24, 2000; 2001, No. 109 (Adj. Sess.), § 13, eff. May 16, 2002; 2015, No. 103 (Adj. Sess.), § 30, eff. May 12, 2016; 2017, No. 185 (Adj. Sess.), § 6, eff. May 28, 2018.

History

Amendments--2017 (Adj. Sess.). Subsec. (a): Deleted "owned projects," following "municipalities whose publicly" and substituted "clean water projects" for "wastewater systems" in the first sentence, and in the second sentence, substituted "clean water projects" for "water pollution abatement and control facilities" and "subchapter" for "chapter".

Amendments--2015 (Adj. Sess.). Section amended generally.

Amendments--2001 (Adj. Sess.) Added subsec. (a) designation and substituted "availability for wastewater projects" for "priority" in the second sentence, made a minor stylistic change to subdiv. (a)(2), and added subsec. (b).

Amendments--1999 (Adj. Sess.). Inserted "or privately-owned wastewater systems" following "publicly-owned projects" in the first sentence of the introductory paragraph.

Amendments--1997. Deleted "of the agency having jurisdiction" following "the secretary" in the first sentence of the introductory paragraph.

§ 4759. Regulations.

The Secretary and the Bond Bank may adopt rules and policies necessary to implement the provisions of this chapter in order to ensure the self-sustaining nature of the funds created under section 4753 of this chapter, and also to ensure compliance with the requirements of Title VI of the federal Clean Water Act and section 1452 of the federal Safe Drinking Water Act, and with any regulations promulgated by the U.S. Environmental Protection Agency which may require the State to implement a State environmental review process as a condition to receipt of federal funding.

Added 1987, No. 75 , § 1; amended 1997, No. 62 , § 73, eff. June 26, 1997; 1997, No. 134 (Adj. Sess.), § 3.

History

Reference in text. Title VI of the federal Clean Water Act, referred to in this section, is apparently a reference to Title VI of the Federal Water Pollution Control Act, as enacted by P.L. 100-4, Title II, § 212(a), Feb. 4, 1987, 101 Stat. 7, 21-27, which is cited as the Water Quality Act of 1987. Title VI of the Federal Water Pollution Control Act is codified as 33 U.S.C. §§ 1381-1387.

The federal Safe Drinking Water Act, referred to in this section, is codified as 42 U.S.C. § 300f et seq.

Title VI of the federal Clean Water Act, referred to in this section, is apparently a reference to Title VI of the Federal Water Pollution Control Act, as enacted by P.L. 100-4, Title II, § 212(a), Feb. 4, 1987, 101 Stat. 7, 21-27, which is cited as the Water Quality Act of 1987. Title VI of the Federal Water Pollution Control Act is codified as 33 U.S.C. §§ 1381-1387.

Amendments--1997 (Adj. Sess.). Added the language beginning "and with any regulations promulgated" to the end of the section.

Amendments--1997. Deleted "of the agency having jurisdiction" following "the secretary" and deleted "such regulations" following "may adopt" and added "and Section 1452 of the federal Safe Drinking Water Act" following "Clean Water Act".

Validity and administration of rules, etc., of secretary of development and community affairs. 1989, No. 30 , § 9(a), eff. April 27, 1989, provided: "Any rules, procedures, policies and project grant commitments adopted or formally made by the secretary of development and community affairs shall remain valid and be administered by the secretary of natural resources until amended or repealed by the secretary of natural resources."

Cross References

Cross references. Procedure for adoption of administrative rules, see 3 V.S.A. chapter 25.

§ 4760. Contractual authority; reports.

The Secretary and the Bond Bank may enter into agreements on behalf of the State with agencies of the United States of America as may be necessary to obtain grants and awards in furtherance of the stated purposes for which the loan funds created under section 4753 of this title are established; provided, however, that notification of each of such agreements shall be made in a timely fashion to the Chair of the House Committee on Appropriations and the Senate Committee on Appropriations while the General Assembly is in session, and at all other times to the Chair of the Joint Fiscal Committee, and further provided that acceptance of any such grant or award be approved as provided by law.
[Repealed.]
Added 1987, No. 75 , § 1; amended 1993, No. 59 , § 23, eff. June 3, 1993; 1997, No. 62 , § 74, eff. June 26, 1997; 2013, No. 142 (Adj. Sess.), § 94.

History

Amendments--2013 (Adj. Sess.). Subsec. (b): Repealed.

Amendments--1997 Deleted "of the agency having jurisdiction" following "the secretary" in the first sentence of subsecs. (a) and (b).

Amendments--1993 Subsec. (a): Substituted "at" for "that" preceding "all other times".

§ 4761. Noncontestability.

No action at law or in equity shall be brought or maintained that directly or indirectly challenges, attacks, or questions or in any manner contests the formation, or the existence as a body corporate and politic of any municipality whose bonds, notes, or other instruments of debt issued and held by the Bond Bank on behalf of the State after six months from the date of issue; nor shall any action at law or in equity be brought or maintained that directly or indirectly challenges, attacks, or questions or in any manner contests the legality or validity of bonds, notes, or other instruments of debt, issued or unissued, voted by a municipality for the purpose of financing any project eligible for financing under any loan fund created under section 4753 of this chapter after six months from the date upon which such municipality met pursuant to warning and voted affirmatively to issue bonds, notes, or other form of debt to finance in whole or in part any such eligible project, or upon vote of a question of rescission thereof, whichever occurs later. This section shall be construed liberally to effect the legislative purpose to validate and make certain the legal existence of all municipalities whose bonds, notes, or other instruments of debt have been issued and are held by the Bond Bank on behalf of the State for any of the purposes stated in section 4753, and to bar every right to question in any manner the existence of any such municipality or the validity of any bond, note, or other instrument of debt voted by it for such purposes, and to bar every remedy therefor notwithstanding any defects or irregularities, jurisdictional or otherwise, after expiration of the six-month period established in this section.

Added 1987, No. 75 , § 1.

History

Revision note. Deleted "at law or in equity" following "action" in two places in the first sentence pursuant to 1971, No. 185 (Adj. Sess.), § 236(d). See note under § 219 of Title 4.

§ 4762. Delinquent loan payments.

Delinquent loan payments due the bank under section 4755 of this title may, with an interest rate of ten percent per annum greater than the interest rate of the loan, be recovered by action in a court of competent jurisdiction against the political subdivision liable therefore or may be deducted, with interest, by, or at the request of, the bank from any other monies payable to such subdivision by any department or agency of the State.

Added 1987, No. 75 , § 1.

§ 4763. Loans to municipalities for privately owned clean water projects.

Where the Secretary has determined that a privately owned clean water project is the preferred alternative to abate or control a pollution problem or to provide water quality benefits, a loan may be made to a municipality from the Vermont Environmental Protection Agency Pollution Control Revolving Fund established in section 4753 of this title. In such cases, the following conditions shall apply:
1. Guaranteed repayment of the loan will be based on a municipal bond, but actual repayment may be made with funds from the owner, as set forth in an agreement between the owner and the municipality.
2. In all cases, there shall be a binding agreement between the owner and the municipality that provides for the proper operation and maintenance of the privately owned clean water project for at least the term of the loan.
3. All conditions and limitations of section 4755 of this title apply to loans made under this section.
4. No construction loan shall be made to a municipality under this subsection, nor shall any part of any revolving loan made under this subsection be expended until all of the following take place:
  1. The Secretary certifies to the Bond Bank that all land use, subdivision, public building, and water supply and wastewater permits necessary to construct and operate any improvements to be financed by the loan have been issued to the owner of the privately owned clean water project.
  2. The applicant municipality certifies to the Bond Bank that the owner has secured all State and federal permits, licenses, and approvals necessary to construct and operate the clean water project to be financed by the loan.
  3. The Secretary certifies to the Bond Bank that the loan eligibility priority established under section 4758 of this title entitles the applicant municipality to immediate financing or assistance under this chapter.
  4. The applicant municipality, in the case of applications by towns, cities, and incorporated villages, and with respect to all loans awarded after July 1, 1992, certifies to the Bond Bank that the project conforms to a duly adopted capital budget and program, consistent with chapter 117 of this title, for meeting the pollution control needs of the municipality.
  5. The applicant municipality, in the case of an application by a district, certifies to the Bond Bank that the project conforms to a capital budget and program duly adopted by the district in accordance with the provisions of its charter.
The Bond Bank may make loans to a municipality for the preparation of final engineering plans and specifications for the construction of a privately owned clean water project or element of such a project in the same manner as set forth in subsection 4756(b) of this title.
Added 1999, No. 148 (Adj. Sess.), § 55, eff. May 24, 2000; amended 2017, No. 185 (Adj. Sess.), § 7, eff. May 28, 2018.

History

Amendments--2017 (Adj. Sess.). Section heading: Substituted "Loans to municipalities for privately owned clean water projects" for "Loans for privately owned wastewater systems".

Subsec. (a): Substituted "a privately owned clean water project" for "the construction, repair, or replacement of a privately owned wastewater system", inserted "or to provide water quality benefits," following "pollution problem", and substituted "Environmental Protection Agency Pollution Control Revolving Fund" for "Environmental Protection Agency (EPA) pollution control revolving fund".

Subdiv. (a)(2): Substituted "privately owned clean water project" for "privately owned wastewater system".

Subdiv. (a)(4): Amended generally.

Subsec. (b): Substituted "privately owned clean water project" for "privately owned wastewater system," and inserted "of such project" following "element".

§ 4763a. Loans to municipalities for privately owned potable water supplies.

When a household has been involuntarily disconnected from a public water supply system and that disconnection did not occur as a result of nonpayment of fees, a loan may be made to a municipality from the Vermont Drinking Water Revolving Loan Fund, established in section 4753 of this title, for the design, land acquisition if necessary, and construction of a potable water supply, as that term is defined in 10 V.S.A. chapter 64. In such cases, the following conditions shall apply:

Guaranteed repayment of the loan will be based on a municipal bond, but actual repayment may be made with funds from the owner of the potable water supply, as set forth in an agreement between the owner and the municipality.
All conditions and limitations of section 4755 of this title shall apply to loans made under this section.
No loan shall be made to a municipality under this section nor shall any part of any revolving loan made under this section be expended until both of the following take place:
1. The Secretary certifies to the Bond Bank that the wastewater system and potable water supply permit necessary for the design and construction of the proposed potable water supply to be financed by the loan have been issued to the owner of the supply.
2. The applicant municipality certifies to the Bond Bank that the owner of the proposed potable water supply has secured all State and federal permits, licenses, and approvals necessary to construct and operate the improvements to be financed by the loan.
  Added 2011, No. 104 (Adj. Sess.), § 28f, eff. May 7, 2012; amended 2017, No. 185 (Adj. Sess.), § 8, eff. May 28, 2018.

History

Amendments--2017 (Adj. Sess.) Section heading: Inserted "to municipalities" following "Loans" and "privately owned" preceding "potable".

§ 4763b. Loans to individuals for failed wastewater systems and failed potable water supplies.

Notwithstanding any other provision of law, when the wastewater system or potable water supply serving only single-family and multifamily residences either meets the definition of a failed supply or system in 10 V.S.A. § 1972 or is demonstrated by a designer to have a high probability of failing, the Secretary of Natural Resources may lend monies to an owner of one or more of the residences from the Vermont Wastewater and Potable Water Revolving Loan Fund established in section 4753 of this title. In such cases, the following conditions shall apply:
1. a loan may only be made to an owner with a household income equal to or less than 200 percent of the State average median household income;
2. a loan may only be made to an owner who resides in one of the residences served by the failed supply or system on a year-round basis;
3. a loan may only be made to an owner who has been denied financing for the repair, replacement, or construction due to involuntary disconnection by at least one other financing entity;
4. when the failed supply or system also serves residences owned by persons other than the loan applicant, a loan may only be made for an equitable share of the cost to repair or replace the failed supply or system that is determined through agreement of all of the owners of residences served by the failed system or supply;
5. no construction loan shall be made to an individual under this subsection, nor shall any part of any revolving loan made under this subsection be expended, until all of the following take place:
  1. the Secretary of Natural Resources determines that if a wastewater system and potable water supply permit is necessary for the design and construction of the project to be financed by the loan, the permit has been issued to the owner of the failed system or supply; and
  2. the individual applying for the loan certifies to the Secretary of Natural Resources that the proposed project has secured all State and federal permits, licenses, and approvals necessary to construct and operate the project to be financed by the loan;
6. all funds from the repayment of loans made under this section shall be deposited into the Vermont Wastewater and Potable Water Revolving Loan Fund.
The Secretary of Natural Resources shall establish standards, policies, and procedures as necessary for the implementation of this section. The Secretary may establish criteria to extend the payment period of a loan or to waive all or a portion of the loan amount.
Added 2011, No. 161 (Adj. Sess.), § 14; amended 2013, No. 51 , § 42, eff. May 29, 2013; 2017, No. 168 (Adj. Sess.), § 22, eff. May 22, 2018; 2017, No. 197 (Adj. Sess.), § 21.

History

2012. This section was originally enacted as section 4763a of this title and was redesignated as 4763b to avoid conflict with section 4763a of this title as previously enacted by 2011, No. 104 (Adj. Sess.), § 28f.

Amendments--2017 (Adj. Sess.). Acts 168 and 197 are identical and amended the section generally.

Amendments--2013 Substituted "one" for "two" and "entity" for "entities" in subdiv. (a)(3), and made stylistic changes.

§ 4763c. Loans to municipalities for municipal public water supply systems.

The Secretary may certify to the Vermont Municipal Bond Bank established by section 4571 of this title the award of a loan to a municipality to assist with a public water supply system project, when the Secretary finds that:
1. the project is necessary;
2. the proposed type, size, and estimated cost of the project are suitable for its intended purpose; and
3. the municipality will have the technical, financial, and managerial ability to operate the facility in compliance with federal and State law.
The certification by the Secretary shall specify the interest rate, and indicate which of the following loan conditions concerning construction loans apply:
1. The term shall not exceed 30 years, and the annual interest rate, plus the administrative fee, shall be not more than three percent or less than zero percent, except that when the applicant municipality is disadvantaged as defined by subdivision 4752(12) of this title, the term shall not exceed 40 years. When the applicant municipality is disadvantaged as defined in subdivision 4752(12)(A), the annual interest rate, plus the administrative fee, shall be not less than minus three percent.
2. In no instance shall the annual interest rate, plus the administrative fee, be less than necessary to achieve an annual household user cost equal to one percent of the median household income of the applicant municipality or served area, taking into account:
  1. debt retirement of the project, including any monies a municipality may borrow to match federal funds available to the Vermont EPA Drinking Water State Revolving Fund pursuant to section 4763d of this title;
  2. prior drinking water projects; and
  3. estimated annual operation and maintenance costs as determined by the Secretary.
3. Loans awarded to a municipality that has not initiated repayment prior to January 1, 2019 may be extended as provided by subdivisions (b)(1) and (b)(2) of this section.
A municipal legislative body may execute a loan agreement under this subsection provided the loan is authorized by municipal voters and secured by the full faith and credit of the municipality.
A loan shall be issued and administered pursuant to this chapter.
Loans shall be available to the extent funds are available and according to priorities established by the Secretary.
For purposes of this section, the Secretary shall determine the median household income of a municipality from the most recent federal census data available when the priority list used for funding the project was approved, or at the option of an applicant municipality, based on the recommendation of an independent contractor hired by the municipality and approved by the Secretary. The determination of the Secretary shall be final. The cost of an independent contractor may be included in the total cost of a project.
Loans awarded for the purpose of refinancing old debt shall be for a term of no more than 20 years and at an interest rate set by the State Treasurer at no less than zero percent and no more than the market interest rate, as determined by the Bond Bank, except that municipalities or private water system owners that qualify for loan awards under section 4770 of this title and that incurred debt and initiated construction after April 5, 1997 may receive loans at interest rates and terms pursuant to subdivision (b)(2)(A) of this section.
Loans awarded for the purpose of conducting feasibility studies and preparation of engineering plans and designs shall be for a term of no more than five years at an interest rate of zero percent.
Loans awarded for the purpose of purchasing land or conservation easements to protect public water sources shall be for a term of no more than 20 years at an annual interest rate of three percent.
The Secretary may forgive up to $25,000.00 of a loan from the Vermont Environmental Protection Agency (EPA) Drinking Water State Revolving Fund to municipalities for improvements to public school water systems following substantial completion of the project. The Secretary shall establish amounts, eligibility, policies, and procedures for loan forgiveness in the annual State Intended Use Plan (IUP), as required by the Safe Drinking Water Act, 42 U.S.C. § 300f et seq., with public review and comment prior to finalization and submission to the EPA.
Subject to the interest rate and administrative fee limitations of subsection (b) of this section, the Secretary may designate projects as U.S. Department of Agriculture Rural Development-Vermont EPA Drinking Water State Revolving Fund jointly funded projects, and reduce the Vermont EPA revolving fund interest rate, plus administrative fee, in order to make the total loan cost of the joint loan to the municipality equivalent to the total loan cost of a separately funded Vermont EPA revolving loan for the same project.
Added 2015, No. 103 (Adj. Sess.), § 31, eff. May 12, 2016; amended 2017, No. 185 (Adj. Sess.), § 9, eff. May 28, 2018; 2019, No. 42 , § 37, eff. May 30, 2019; 2019, No. 141 (Adj. Sess.), § 3, eff. July 13, 2020.

History

2020. In order to correct errors in the references appearing in subdiv. (b)(1), substituted "4752(12)" for "4752(12)(A)" in the first sentence and "4752(12)(A)" for "4752(12)" in the second sentence.

Amendments--2019 (Adj. Sess.). Subdiv. (b)(1): Substituted the second instance of "not" for "no"' in the first sentence; and, in the second sentence, inserted "(A)" following "4752(12)" and substituted "not" for "no".

Amendments--2019. Subdiv. (b)(1): Substituted "30" for "20" and "40" for "30" in the first sentence.

Subdiv. (b)(3): Added.

Amendments--2017 (Adj. Sess.) Section heading: Inserted "to municipalities" following "Loans" and "municipal" preceding "public".

§ 4763d. Municipal match of federal revolving funds.

A municipality may choose to provide the State money necessary to match federal monies available to the Vermont EPA Drinking Water State Revolving Fund established by subdivision 4753(a)(3) of this title, and thereby become eligible to receive a loan from the Revolving Fund in the amount of the total cost of a water facility project approved under this section. Such a loan from the Revolving Fund, for up to the total project cost, shall be approved by municipal voters and secured by the full faith and credit of the municipality or anticipated revenues from municipal water charges.
The amount of such a municipal match of federal funds shall be equal to one-sixth of the total project cost, which shall constitute a sum in addition to the amount of a loan for the total project cost to be received by the municipality from the Revolving Fund. A municipality is authorized to borrow monies needed for the match amount, from sources other than the Revolving Fund, which shall be approved by municipal voters and secured by the full faith and credit of the municipality or anticipated revenues from municipal water charges, or a municipality may use other funds or tax revenues available to it for this purpose.
Upon request of the owner of a privately owned public water system, a municipality may apply for and support an application for a community development block grant to receive use of State and federal funds, provided:
1. the private water system owner agrees to pay all administrative and legal costs incurred by the municipality in pursuit of the grant;
2. the municipality finds that the project to be supported by the grant is consistent with applicable local and regional plans, and local ordinances or other local enactments;
3. the private water system owner, to the extent practicable, undertakes the administration of logistical and legal work necessary to prepare the application materials; and
4. the private water system owner agrees to hold the municipality harmless from any claims of liability arising from the grant application or project.
The Secretary may use federal funds to award grants to municipalities to complete studies, or for start-up costs associated with the physical and operational consolidation of public water systems or the interconnection of public water systems. The Secretary shall establish amounts, eligibility, priorities, policies, and procedures in the annual State Intended Use Plan (IUP), as required by the Safe Drinking Water Act, 42 U.S.C. § 300f et seq.
Added 2015, No. 103 (Adj. Sess.), § 32, eff. May 12, 2016.

§ 4764. Planning.

Engineering planning advance. A municipality or a combination of two or more municipalities desiring an advance of funds for engineering and land use planning for public water supply systems, as defined in subdivision 4752(9) of this title, or improvements, or for clean water projects or improvements, may apply to the Department for an advance under this chapter. As used in this subsection, "engineering planning" may include source exploration, surveys, reports, designs, plans, specifications, or other engineering services necessary in preparation for construction of the types of systems or facilities referred to in this section. Not more than 25 percent of funds awarded to a municipality as a planning advance pursuant to this subsection may be utilized to evaluate land use implications of facilities, including impacts on the State Planning Goals as set forth in section 4302 of this title, availability of housing, and economic development.
Regional engineering planning. The Department, with the approval of the Secretary, may use up to ten percent of the total capital appropriation for construction grants to undertake regional engineering planning and process research. Funds approved for regional engineering planning may be awarded directly to a lead municipality and administered in accordance with this chapter.
Funding. In each fiscal year, the Department may use up to 30 percent of the total capital appropriation for construction grants provided under 10 V.S.A. chapter 55 to award engineering planning advances.
Technical assistance from Regional Planning Commission. Any municipality may contract with the Regional Planning Commission established under section 4341 of this title to assist in administration and management of the planning advance and coordination of engineering services and to evaluate land use implications. Costs associated with these services from the Regional Planning Commission shall be eligible for reimbursement under an engineering planning advance described in subsection (a) of this section.
Added 2015, No. 103 (Adj. Sess.), § 33, eff. May 12, 2016; amended 2017, No. 185 (Adj. Sess.), § 13, eff. May 28, 2018; 2021, No. 50 , § 29, eff. June 1, 2021.

History

Amendments--2021. Subsec. (a): Inserted "and land use” preceding "planning” in the first sentence and added the last sentence.

Subsec. (d): Added.

Amendments--2107 (Adj. Sess.). Subsec. (a): Substituted "clean water projects" for "water pollution abatement and control facilities" preceding "or improvements" in the first sentence.

§ 4765. Application for loans to municipalities.

The application shall be supported by data covering:

a description of the project;
a description of the engineering service to be performed;
an explanation of the need for the project;
an estimate of the cost of the project;
the amount of advance requested;
a schedule for project implementation; and
such other information and assurances as the Department may require.
Added 2015, No. 103 (Adj. Sess.), § 34, eff. May 12, 2016; 2019, No. 141 (Adj. Sess.), § 4, eff. July 13, 2020; 2021, No. 20 , § 260.

History

Amendments--2021. Subdiv. (6): Inserted "and” following "implementation;”.

Amendments--2019 (Adj. Sess.). Section heading: Inserted "for loans to municipalities".

§ 4766. Award of advance.

The Department may award an engineering planning advance, as defined in section 4764 of this title, in an amount determined by standards established by the Department, and pursuant to the following:
1. for public water supply systems, as defined in subdivision 4752(9) of this title, when it finds the same to be necessary in order to preserve or enhance the quality of water provided to the inhabitants of the municipality, or to alleviate an adverse public health condition, or to allow for orderly development and growth of the municipality, except that no funds may be awarded until the Department determines that the applicant has complied with the provisions of 10 V.S.A. § 1676a , unless such funds are solely for the purpose of determining the effect of the proposed project on agriculture; or
2. for planning of clean water projects, in order to enable a municipality to comply with water quality standards established under 10 V.S.A. chapter 47.
The Department shall award an advance for engineering planning under this section only when it finds:
1. that the cost of the project is reasonable for its intended purpose; and
2. that local funds are not readily available.
  Added 2015, No. 103 (Adj. Sess.), § 35, eff. May 12, 2016; 2017, No. 185 (Adj. Sess.), § 14, eff. May 28, 2018.

History

Amendments--2017 (Adj. Sess.). Subdiv. (a)(2): Substituted "clean water projects" for "water pollution abatement and control facilities".

§ 4767. Payment of awards.

On receipt of the engineering planning documents and their approval by the Department, the Department shall certify the award to the Commissioner of Finance and Management who shall issue his or her warrant for payment of the award from the construction grant funds available to the Department. The Department may direct the Commissioner of Finance and Management to issue his or her warrant for partial payments of the award upon receipt and approval of portions of the total engineering work to be performed under the advance, together with the recipient's certification that costs for which reimbursement has been requested have been incurred and paid by the recipient municipality. The recipient shall provide supporting evidence of payment upon the request of the Department. Partial payments shall be made not more frequently than monthly. Interest costs incurred in local short-term borrowing of the engineering planning advance shall be reimbursed as part of the advance.

Added 2015, No. 103 (Adj. Sess.), § 36, eff. May 12, 2016.

§ 4768. Repayment of advances.

Advances under this subchapter shall be repaid when construction of the facilities or any portion thereof is undertaken. Where a construction grant or loan is authorized by the Department for the project, the amount of the outstanding advances shall be retained from the initial payments of the grant or loan funds. In other instances, if repayment is not made within 60 days upon demand by the Department, the sum shall bear interest at the rate of 12 percent per annum from the date payment is demanded by the Department to the date of payment by the municipality. The Department may approve proportional repayment when construction is initiated on a small portion of the planned project.

Added 2015, No. 103 (Adj. Sess.), § 37, eff. May 12, 2016.

§ 4769. Loans to hardship municipalities.

Waiver of bond vote. A hardship municipality may receive a loan for an eligible project that includes a loan subsidy of up to $200,000.00 in the form of 100 percent principal forgiveness with no interest or administrative fee from funds authorized in subdivision 4753(a)(3) of this title, subject to the availability of such loan subsidy. Notwithstanding the provisions of subdivision 4755(a)(3) of this title, the loan is not required to be evidenced by a municipal bond up to the amount to be forgiven.
Waiver of reimbursement method required in statute. Notwithstanding the provisions of subsection 4755(b) of this title, loan funds may be disbursed to a hardship municipality for its approved project upon receipt by the Department of eligible project invoices without prior payment by the municipality.
Added 2019, No. 72 , § E.700.1.

Subchapter 3. Private Loans for Privately Owned Public Water Systems

History

Amendments--2017 (Adj. Sess.) 2017, No. 185 (Adj. Sess.), § 10, effective May 28, 2018, added "for Privately Owned Public Water Systems" in the subchapter heading.

§ 4770. Eligibility.

For the purpose of this subchapter, "VEDA" means the Vermont Economic Development Authority which is authorized to make loans on behalf of the State under this chapter when the loan recipient is a privately-owned public water system. Such loans shall be issued and administered by VEDA pursuant to this subchapter.
The owner or owners of a privately-owned community water system or a privately-owned nonprofit, noncommunity public water system may apply to VEDA for a loan from the Vermont EPA Drinking Water State Revolving Fund established under subchapter 1 of this chapter, the proceeds of which may be used to acquire requisite permits, design, plan, construct, repair, or improve an existing privately-owned public community water system in order to comply with federal and State standards and protect the public health. In addition, the owner or owners of a privately-owned, nonprofit community water system may apply to VEDA for a loan from the Vermont Drinking Water Planning Loan Fund established in section 4753 of this chapter.
1. A municipality, as defined under section 126 of Title 1, is not eligible for a loan under this subchapter.
2. A nonprofit organization is eligible to apply for a loan under this subchapter if that organization qualifies as tax exempt.
VEDA and the Secretary may prescribe any form of application or procedure required of the applicant for a loan hereunder, and may impose an application and an administrative fee determined reasonable and necessary to cover administrative costs. Fee proceeds shall be deposited in the administrative fee account established in subsection 4755(a) of this chapter. The loan application shall request such information as VEDA deems necessary to implement this subchapter.
Notwithstanding the eligibility criteria of subsection (a) of this section, loan proceeds may not be used for:
1. laboratory fees for monitoring;
2. operations and maintenance expenses; or
3. projects primarily intended to serve future growth.
  Added 1997, No. 62 , § 75, eff. June 26, 1997; amended 1997, No. 134 (Adj. Sess.), § 4; 1997, No. 148 (Adj. Sess.), § 50, eff. April 29, 1998; 2001, No. 61 , § 40, eff. June 16, 2001.

History

1998. Act No. 148, § 50 amended this section identically.

Amendments--2001. Subsec. (b): Added the second sentence.

Subsec. (c): Inserted "and an administrative" preceding "fee determined" in the first sentence and added the present second sentence.

Amendments--1997 (Adj. Sess.). Act No. 134, § 4 amended subsec. (b) as follows: In the introductory language, substituted "or" for "of which 80 percent or more of the served structures are occupied by year-round residents, and the owner or owners of" preceding "a privately-owned nonprofit", and made a minor change in punctuation.

Cross References

Cross references. Loan; loan agreements, see § 4755 of this title.

§ 4771. Conditions of loan agreement.

VEDA may make loans to applicants on behalf of the State for one or more of the purposes set forth in subsection 4770(b) of this title. Each such loan shall be made subject to the following conditions:
1. The loan shall be evidenced by a note payable over a term not to exceed 30 years. Repayment shall commence not later than one year after completion of the project for which loan funds have been applied.
2. The loan shall be secured with assets as determined by VEDA. VEDA may also require that the applicant assign all or a portion of the water system revenues as security for the loan, or may require the establishment of a reserve fund.
3. The loan recipient shall establish a dedicated source of revenue for repayment of the loan which may include a pledge of revenue from user charges, tap fees, development charges, and pledges of accounts receivable and the proceeds therefrom.
4. The rate of interest charged for loans shall be set by the State Treasurer, taking into consideration prevailing borrowing rates available to similarly situated applicants from private lenders and administrative fees to be charged to applicants. VEDA, in cooperation with the Secretary, shall periodically recommend interest rates to be set by the State Treasurer which are the lowest practicable rates consistent with maintaining the long-term integrity of the Fund. The interest rate set by the State Treasurer may be less than the prevailing borrowing rates available to similarly situated applicants from private lenders, but not less than zero percent.
5. 1. Notwithstanding subdivision (4) of this subsection, a privately owned nonprofit community type system may qualify for a 40-year loan term at an interest rate, plus administrative fee, to be established by the Secretary of Natural Resources that shall be not more than three percent or less than minus three percent, provided that the applicant system meets the income level and annual household user cost requirements of a disadvantaged municipality as defined in subdivision 4752(12)(A) of this title, and at least 80 percent of the residential units served by the water system is continuously occupied by local residents and at least 80 percent of the water produced is for residential use. (5) (A) Notwithstanding subdivision (4) of this subsection, a privately owned nonprofit community type system may qualify for a 40-year loan term at an interest rate, plus administrative fee, to be established by the Secretary of Natural Resources that shall be not more than three percent or less than minus three percent, provided that the applicant system meets the income level and annual household user cost requirements of a disadvantaged municipality as defined in subdivision 4752(12)(A) of this title, and at least 80 percent of the residential units served by the water system is continuously occupied by local residents and at least 80 percent of the water produced is for residential use.
  2. [Repealed.]
  3. If the Secretary determines that a privately owned nonprofit community type system qualifies for a loan under this subdivision, the Secretary shall certify the loan term and interest rate to VEDA. In no instance shall the annual interest rate, plus an administrative fee, be less than is necessary to achieve an annual household user cost equal to one percent of the median household income of the applicant water system computed in the same manner as prescribed in subdivision 4763c(b)(2) of this title.
Loans made to applicants by VEDA on behalf of the State under this subchapter shall be made in accordance with the terms and conditions specified in a loan agreement to be executed by VEDA and the applicant. The loan agreement shall specify the terms and conditions of the loan and repayment by the applicant, as well as other terms and conditions determined necessary by VEDA and the Secretary.
Disbursement of loan proceeds shall be based on certification by the loan recipient demonstrating that costs for which reimbursement is requested have been incurred and paid by the recipient. The recipient shall provide supporting evidence of payment upon the request of VEDA. Partial disbursements of loan proceeds shall be made not more frequently than monthly. Interim financing charges or short-term interest costs may constitute an allowable cost of a project for which a loan is extended, provided VEDA approved in advance the terms, conditions, interest rate, and other related matters concerning such financing or interest cost. In the event short-term financing is unavailable to the applicant, VEDA may make interim loan disbursements not more frequently than monthly to the applicant and its general contractor as co-payees upon submission of a certified request for payment supported by actual invoices or other evidence satisfactory to VEDA of costs incurred.
VEDA reserves the right to require confirmation from an independent registered professional engineer that work has been performed according to project plans and specifications approved by the Secretary prior to making any disbursement of the loan proceeds.
VEDA may include such additional requirements in the loan agreement as it determines necessary for the proper administration of the Fund, and which are consistent with applicable State and federal law and with other programs administered by VEDA under 10 V.S.A. chapter 12.
VEDA may require as part of the loan agreement that the applicant cause an audit of the project costs to be prepared and approved by VEDA prior to making final payment of the loan amount.
In the event of default, any amounts owed upon the loan shall be considered a debt for the purposes of 32 V.S.A. § 5932(4) . VEDA may recover such debt pursuant to the set off debt collection remedy established under 32 V.S.A. §§ 5933 and 5934.
Added 1997, No. 62 , § 75, eff. June 26, 1997; 2001, No. 61 , § 41, eff. June 16, 2001; amended 2003, No. 63 , § 60, eff. June 11, 2003; 2003, No. 121 (Adj. Sess.), § 65, eff. June 8, 2004; 2005, No. 92 (Adj. Sess.), § 1, eff. March 2, 2006; 2017, No. 185 (Adj. Sess.), § 19, eff. May 28, 2018; 2019, No. 141 (Adj. Sess.), § 5, eff. July 13, 2020.

History

2014. In subdiv. (a)(3), deleted ", but is not limited to," following "may include" in accordance with 2013, No. 5 , § 4.

Amendments--2019 (Adj. Sess.). Subsec. (a): Substituted "30" for "20" in the first sentence and substituted "not" for "no" in the second sentence.

Subdiv. (a)(5)(A): Substituted "40-year" for "30-year", substituted "not" for "no" following "shall be", and substituted "subdivision 4752(12)(A) of this title" for "10 V.S.A. § 1571(9)(A)".

Amendments--2017 (Adj. Sess.). Subdiv. (a)(5)(A): Substituted "Natural Resources that shall" for "Natural Resources which shall" near the middle of the paragraph.

Subdiv. (a)(5)(C): Substituted "4763c(b)(2) of this title" for "10 V.S.A. § 1624(b)(2)(B)" at the end of the paragraph.

Amendments--2005 (Adj. Sess.). Subsec. (a): Rewrote subdiv. (5).

Amendments--2003 (Adj. Sess.). Subdiv. (a)(5): Substituted "subdivision 1571(9)(A)" for "subdivision 1571(9)" in the first sentence.

Amendments--2003. Subdiv. (a)(5): Added ", plus an administrative fee," following "rate", substituted "equal to" for "of" following "cost", and deleted "and one quarter" preceding "percent" in the second sentence.

Amendments--2001. Subsec. (a): Substituted "subsection 4770(b)" for "section 4770b" in the introductory paragraph; added "and administrative fees to be charged to applicants" to the end of the first sentence of subdiv. (4); and amended subdiv. (5) generally.

§ 4772. Qualifications for eligibility; certification.

No loan to an applicant shall be made under this subchapter until:

The applicant has certified to VEDA that:
1. all State and federal permits and licenses, including land use, subdivision, water supply and wastewater permits, and water supply construction and operating permits, necessary to undertake the project for which financing has been sought will be obtained prior to expending construction funds under the loan;
2. the applicant has established a rate charge or assessment schedule that will generate sufficient revenue to pay the principal and interest on the loan and to pay reasonably anticipated costs of operating and maintaining the financed project and the system of which it is a part. VEDA may require that the rate charge or assessment schedule be approved by VEDA prior to approving a loan. Nothing in this subchapter shall affect the obligation of an applicant who is subject to the jurisdiction of the Public Utility Commission under 30 V.S.A. §§ 102 and 203(3) to obtain prior approval of a rate change from such Commission pursuant to 30 V.S.A. § 225 ;
3. if the applicant is subject to the jurisdiction of the Public Utility Commission under 30 V.S.A. §§ 102 and 203(3), it has obtained the following approvals and has provided VEDA with copies of those approvals:
  1. the certificate of public good issued by the Public Utility Commission pursuant to 30 V.S.A. §§ 231 (public good) and 108 approving the loan; and
  2. the decision and order of the Public Utility Commission approving rates that are to be charged by the applicant.
The Secretary has certified to VEDA that:
1. the applicant and the project qualify for financing or assistance under section 4773 of this title and that the project has priority for receipt of financial assistance; and
2. the applicant has or as a result of the proposed project will have the technical, managerial, and financial capability to ensure compliance with the requirements of the federal Safe Drinking Water Act as amended.
  Added 1997, No. 62 , § 75, eff. June 26, 1997; amended 1997, No. 134 (Adj. Sess.), § 5.

History

Reference in text. The federal Safe Drinking Water Act, referred to in this section, is codified as 42 U.S.C. § 300f et seq.

2017. In subdivs. (1)(B), (1)(C), (1)(C)(i), and (1)(C)(ii), substituted "Public Utility Commission" for "public service board" and "Commission" for "board" in subdiv. (1)(B) in accordance with 2017, No. 53 , § 12.

- 2007. In subdivs. (1)(B) and (C), substituted "section 102 and subdivision 203(3)" for "sections 102 and 203(3)" to conform references to V.S.A. style.

Amendments--1997 (Adj. Sess.). Subdiv. (1)(A): Substituted "will be obtained prior to expending construction funds under the loan" for "have been issued".

Cross References

Cross references. Issuance of permit, see § 6086 of Title 10.

§ 4773. Loan priorities.

The Secretary shall at least annually prepare a list of projects, ranked in priority order, that are eligible for financial assistance under this subchapter. In establishing such priorities, the Secretary shall at a minimum consider the following:

the quality and quantity of water supplied by the existing system;
any declared health hazard to be abated by the proposed project;
the population to be served;
the readiness of the project to proceed to the next planning or construction step; and
the consolidation of smaller water systems into new larger water systems.
Added 1997, No. 62 , § 75, eff. June 26, 1997.

§ 4774. Contractual authority; reports.

The Secretary and VEDA may enter into agreements on behalf of the State with agencies of the United States as may be necessary to obtain grants and awards in furtherance of the stated purposes of the loan fund created under section 4753 of this title, provided that notification of each such agreement shall be made to the Chairs of the House and Senate Committees on Appropriations while the General Assembly is in session, and at other times to the Chair of the Joint Fiscal Committee, and that any such grant or award has been approved pursuant to 32 V.S.A. § 5 .
[Repealed.]
Added 1997, No. 62 , § 75, eff. June 26, 1997; amended 2013, No. 142 (Adj. Sess.), § 95.

History

Amendments--2013 (Adj. Sess.). Subsec. (b): Repealed.

§ 4775. Liability against default.

Under no circumstance shall the State or VEDA become responsible for owning or operating a privately-owned community water system when the loan recipient defaults on a loan obligation or abandons the water supply or water system.

Added 1997, No. 62 , § 75, eff. June 26, 1997.

§ 4776. Action for receivership.

Upon default of a loan, VEDA shall have the right to petition the Superior Court in the county in which any part of the water system is located, or the Public Utility Commission for systems subject to the jurisdiction of the Commission, to appoint a receiver.

Added 1997, No. 62 , § 75, eff. June 26, 1997.

History

2017. Substituted "Public Utility Commission" for "public service board" and "Commission" for "board" in accordance with 2017, No. 53 , § 12.

§ 4777. Loan consolidation.

Loans, or the outstanding balance of loans, made for the purpose of preparing engineering plans for a project may be consolidated with any subsequent loans for construction.

Added 1997, No. 62 , § 75, eff. June 26, 1997.

§ 4778. Federal capitalization grant distribution.

The Secretary may use any available and lawful funds to match federal funds otherwise available to capitalize the Fund created by subdivision 4753(a)(3) of this title. Up to 20 percent of the funds which have been identified in the annual State Intended Use Plan (IUP) and allocated for water supply projects may be used for loans to privately-owned public water systems. Any balance, excepting set-asides authorized by federal law, shall be directed to be used for loans to improve municipal water systems. Should there occur any surplus of funds for municipal water system projects in any given year, those funds may be used to fund additional privately owned public water systems.

Added 1997, No. 62 , § 75, eff. June 26, 1997; amended 1997, No. 134 (Adj. Sess.), § 6; 1999, No. 109 (Adj. Sess.), § 3.

History

Amendments--1999 (Adj. Sess.). Added the fourth sentence.

Amendments--1997 (Adj. Sess.). Rewrote the second sentence.

Subchapter 4. Private Loans for Clean Water Projects

History

Suspension of private loans for clean water projects. 2017, No. 185 (Adj. Sess.), § 12 provides: "(a) Neither the Vermont Economic Development Authority (VEDA) nor the Secretary of Natural Resources shall accept, review, or act on any applications for loans to private entities under 24 V.S.A. chapter 120, subchapter 4 submitted after June 30, 2023. However, VEDA and the Secretary shall continue to review and act on initial applications submitted on or before June 30, 2023, as well as any amendments to timely initial applications.

"(b) It is the intent of the General Assembly that the private loans under 24 V.S.A. chapter 120, subchapter 4, the expansion of 24 V.S.A. chapter 120 to provide funding for natural resources projects, and the sponsorship program defined at 24 V.S.A. § 4752(18) shall all be reviewed during the 2023 legislative session."

§ 4781. Eligibility and loan application.

The Vermont Economic Development Authority (VEDA) is authorized to make loans on behalf of the State to private entities for a clean water project; provided, however, that no State funds are used. Such loans shall be issued and administered by VEDA pursuant to this subchapter.
A private entity may apply to VEDA for a loan from the Vermont Environmental Protection Agency Pollution Control Revolving Fund, established in section 4753 of this title, for a clean water project. The loan proceeds shall be used to acquire, design, plan, construct, enlarge, repair, improve, or implement a clean water project. Loan proceeds shall not be used for operation and maintenance expenses or laboratory fees for monitoring.
The Secretary and VEDA may prescribe any form of application or procedure for a loan hereunder, request from an applicant any information deemed necessary to implement this subchapter, and impose an application fee and an administrative fee determined reasonable and necessary to cover administrative costs. Fee proceeds shall be deposited in the administrative fee account established in subsection 4755(a) of this chapter.
Added 2017, No. 185 (Adj. Sess.), § 11, eff. May 28, 2018.

History

2018. This section was originally enacted as 24 V.S.A. § 4780 but was redesignated as 24 V.S.A. § 4781 to conform to V.S.A. designation style and to maintain the cross references in this subchapter.

§ 4782. Conditions of loan agreement.

VEDA may make loans to applicants on behalf of the State for one or more of the purposes set forth in subsection 4781(b) of this title. Each loan shall be made subject to the following conditions:
1. The loan shall be evidenced by a note payable over a term not to exceed 30 years. Repayment shall commence not later than one year after completion of the project for which loan funds have been issued.
2. The loan shall be secured with assets as determined by VEDA. VEDA may also require that the applicant assign all or a portion of any revenues from the clean water project as security for the loan or may require the establishment of a reserve fund.
3. The rate of interest charged for loans shall be set by the State Treasurer, taking into consideration prevailing borrowing rates available to similarly situated applicants from private lenders and the administrative fees to be charged to applicants. VEDA, in cooperation with the Secretary, shall periodically recommend interest rates to be set by the State Treasurer that are the lowest practicable rates consistent with maintaining the long-term integrity of the Fund. The interest rate set by the State Treasurer may be less than the prevailing borrowing rates available to similarly situated applicants from private lenders, but not less than zero percent.
The loan agreement shall specify the terms and conditions of the loan and its repayment by the applicant, as well as other terms and conditions determined necessary by the Secretary and VEDA.
Disbursement of loan proceeds shall be based on certification to the Secretary and VEDA by the loan recipient demonstrating that the costs for which reimbursement is requested have been incurred and paid by the recipient. The recipient shall provide supporting evidence of payment upon the request of VEDA. Partial disbursements of loan proceeds shall be made not more frequently than monthly.
Interim financing charges or short-term interest costs may constitute an allowable cost of a project for which a loan is extended, provided VEDA approved in advance the terms, conditions, interest rate, and other related matters concerning the financing or interest cost. In the event short-term financing is unavailable to the applicant, VEDA may make interim loan disbursements not more frequently than monthly to the applicant and its general contractor as co-payees upon submission of a certified request for payment supported by actual invoices or other evidence satisfactory to VEDA of costs incurred.
VEDA shall have the right prior to making any disbursement of the loan proceeds to require confirmation from an independent registered professional engineer that any work has been performed according to project plans and specifications approved by the Secretary.
VEDA may require as part of the loan agreement that the applicant cause an audit of the project costs to be prepared and approved by VEDA prior to VEDA's making final payment of the loan amount.
In the event of default, any amounts owed upon the loan shall be considered a debt for the purposes of 32 V.S.A. § 5932(4) . VEDA may recover such debt pursuant to the setoff debt collection remedy established under 32 V.S.A. §§ 5933 and 5934.
Added 2017, No. 185 (Adj. Sess.), § 11, eff. May 28, 2018.

§ 4783. Qualifications for eligibility; certification.

No loan to an applicant shall be made under this subchapter until:

The applicant has certified all of the following to VEDA:
1. all State and federal permits and licenses necessary to undertake the project for which financing has been sought will be obtained prior to the expenditure of construction funds under the loan;
2. the applicant has sufficient means to pay the principal and interest on the loans and to pay any anticipated costs of operating and maintaining the financed project;
3. if the applicant is subject to the jurisdiction of the Public Utility Commission under 30 V.S.A §§ 102 and 203(6), the applicant has obtained the following approvals, if such approvals are necessary for the project, and has provided VEDA with copies of those approvals:
  1. the certificate of public good issued by the Public Utility Commission pursuant to 30 V.S.A. §§ 231 (public good) and 108 (approving the loan); and
  2. the decision and order of the Public Utility Commission approving rates that are to be charged by the applicant.
4. the municipality or municipalities in which the clean water project is located have provided a letter of support for the project.
The Secretary has certified to VEDA that the applicant and the project qualify for financing or assistance under section 4784 of this title and that the project has priority for receipt of financial assistance.
Added 2017, No. 185 (Adj. Sess.), § 11, eff. May 28, 2018.

§ 4784. Loan priorities.

The Secretary shall at least annually prepare and certify to VEDA a list of privately owned clean water projects, ranked in priority order, that are eligible for financial assistance under this subchapter.
In determining financing ability for clean water projects under this subchapter, the Secretary shall apply the criteria adopted pursuant to 10 V.S.A. § 1628 ; provided, however:
1. No privately owned clean water project authorized under this subchapter shall be prioritized above a municipal clean water project.
2. No more than 20 percent of the funds identified in the annual State Intended Use Plan (IUP) and allocated for clean water projects may be used for loans to privately owned clean water projects, unless there occurs a surplus of funds, in which case those funds may be used to fund additional privately owned clean water projects.
  Added 2017, No. 185 (Adj. Sess.), § 11, eff. May 28, 2018.

§ 4785. Liability against default.

Under no circumstance shall the State become responsible for owning or operating a clean water project when the loan recipient defaults on a loan obligation or abandons the project.

Added 2017, No. 185 (Adj. Sess.), § 11, eff. May 28, 2018.

§ 4786. Action for receivership.

Upon default of a loan, VEDA shall have the right to petition the Superior Court in the county in which the clean water project is located, or the Public Utility Commission for projects subject to the jurisdiction of the Commission, to appoint a receiver.

Added 2017, No. 185 (Adj. Sess.), § 11, eff. May 28, 2018.

§ 4787. Loan consolidation.

Loans, or the outstanding balance of loans, made for the purpose of preparing engineering plans for a project may be consolidated with any subsequent loans for construction.

Added 2017, No. 185 (Adj. Sess.), § 11, eff. May 28, 2018.

CHAPTER 121. INTERMUNICIPAL COOPERATION AND SERVICES

SUBCHAPTER 1. GENERAL PROVISIONS

SUBCHAPTER 2. JOINT SURVEY COMMITTEES

SUBCHAPTER 3. UNION MUNICIPAL DISTRICTS

SUBCHAPTER 4. INTERLOCAL CONTRACTS

SUBCHAPTER 5. OUTSIDE AID

SUBCHAPTER 6. INTERMUNICIPAL INSURANCE AGREEMENTS

History

Revision note. This chapter was added as "Chapter 93" but was renumbered to avoid conflict with Chapter 93 as added by 1969, No. 216 (Adj. Sess.). As a result §§ 4501-4503, 4551-4553, 4601-4608, 4651, 4652 and 4701-4704 as originally added in this chapter were renumbered as §§ 4801-4803, 4831-4833, 4861-4868, 4901, 4902 and 4931-4934.

Continuance of prior laws. 1969, No. 197 (Adj. Sess.), § 3, provided: "Where any provision of a statute repealed by this act is substantially reenacted in this act [which added this chapter] the law shall be deemed to have continued in force from the first enactment, as if no reenactment and repeal had taken place."

Effect on existing laws. 1969, No. 197 (Adj. Sess.), § 4, provided: "The provisions of this act [which added this chapter] so far as they are the same as those of existing laws, shall be construed as a continuation of those laws and not as a new enactment. The repeal by this act of any provisions of law shall not affect any act done, liability incurred, or any right accrued or vested, or affect, abate, or prevent any suit or prosecution pending or to be instituted to enforce any right or penalty or punish any offense under the authority of the repealed laws; nor shall the repeal affect the validity of any contract to which the state, or any agency of the state is a party in interest."

Cross References

Cross references. Exemption of intermunicipal police service agreements from requirements of this chapter, see § 1938 of this title.

Fire mutual aid systems, see 20 V.S.A. chapter 175, subchapter 3.

Intermunicipal development contracts, see § 4951 of this title.

Police reciprocal assistance agreements, see § 1937 of this title.

ANNOTATIONS

Cited. In re Ball Mountain Dam Hydroelectric Project, 154 Vt. 189, 576 A.2d 124 (1990).

Subchapter 1. General Provisions

§ 4801. Definitions.

As used in this chapter:

"Municipality" shall mean "municipality" as defined in 1 V.S.A. § 126 .
"Legislative branch" shall mean "legislative branch" as defined in subdivision 1751(2) of this title.
Added 1969, No. 197 (Adj. Sess.), § 1.

History

Revision note. Section renumbered, see revision note preceding subchapter 1 of this chapter.

§ 4802. Approval of plan.

Every agreement for a union municipal district under this chapter shall be submitted to the Attorney General before being presented to the voters for acceptance or rejection. The Attorney General shall determine whether the agreement is in proper form and compatible with the laws of this State. In the event that the Attorney General fails to notify the joint survey committee provided for in subchapter 2 of this chapter of his or her determination within 30 days after receipt of a copy of the agreement, it shall be deemed to have been approved.
In the event that an agreement for a union municipal district deals in whole or in part with services or facilities over which an officer or agency of the State government has constitutional or statutory powers of control, the agreement shall be submitted to him or her or it, at the time of its submission to the Attorney General. The officer or agency involved may file objections with the Attorney General.
No agreement shall be submitted to the voters unless it has been approved by the Attorney General under subsection (a) of this section.
Added 1969, No. 197 (Adj. Sess.), § 1; amended 2003, No. 122 (Adj. Sess.), § 85f.

History

Revision note. Section renumbered, see revision note preceding subchapter 1 of this chapter.

Amendments--2003 (Adj. Sess.). Deleted "or interlocal contract" following "municipal district" and "or contract" following "agreement" wherever it appeared throughout the section; and inserted "or her" following "his" and substituted "30 days" for "thirty days" in the third sentence of subsec. (a); and inserted "or her" following "him" in the first sentence of subsec. (b).

§ 4803. Powers as supplementary.

The powers granted to municipalities by this chapter are supplementary to any other powers heretofore or hereafter granted by any other statute for the same or similar purposes.

Added 1969, No. 197 (Adj. Sess.), § 1.

History

Revision note. Section renumbered, see revision note preceding subchapter 1 of this chapter.

Subchapter 2. Joint Survey Committees

§ 4831. Creation of committee.

The legislative branch of any two or more municipalities may by agreement create a joint municipal survey committee to plan for the strengthening of local governments and to promote plans for more efficient and economical operation of local government services within or by the participating municipalities. For purposes of establishing a mosquito control district under 6 V.S.A. chapter 85, a municipality may create a municipal survey committee under this section with all the powers and duties that a joint municipal survey committee possesses under this chapter.

Added 1969, No. 197 (Adj. Sess.), § 1; amended 2007, No. 34 , § 2, eff. May 18, 2007.

History

Revision note. Section renumbered, see revision note preceding subchapter 1 of this chapter.

Amendments--2007. Added the second sentence.

§ 4832. Powers and duties.

The committee shall have the following powers for any of the purposes authorized by charter or general statute:

To make surveys and studies and conduct research programs to enable municipalities to make the most efficient use of their powers by cooperation with other municipalities on a basis of mutual advantage, and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of municipalities.
To provide for the distribution of information resulting from such surveys, studies, and programs.
To consult and cooperate with appropriate State, municipal, and public or private agencies in matters affecting municipal government.
To employ persons and adopt rules, regulations, and by-laws as are necessary and proper to effectuate the purposes of this chapter.
Added 1969, No. 197 (Adj. Sess.), § 1.

History

Revision note. Section renumbered, see revision note preceding subchapter 1 of this chapter.

§ 4833. Officers.

The members of a joint municipal survey committee shall consist of an equal number of representatives from each municipality designated by the legislative branch. Members of the legislative branch of a municipality may serve as members of the committee. The committee shall elect from its own number a chair and secretary and other necessary officers to serve for such period as the members shall decide.

Added 1969, No. 197 (Adj. Sess.), § 1; amended 2003, No. 122 (Adj. Sess.), § 85g.

History

Revision note. Section renumbered, see revision note preceding subchapter 1 of this chapter.

Amendments--2003 (Adj. Sess.). Substituted "an equal number of" for "three" in the first sentence; deleted the former second sentence; and substituted "its own" for "their own" and "chair" for "chairman" in the third sentence.

Subchapter 3. Union Municipal Districts

ANNOTATIONS

Cited. Valley Disposal, Inc. v. Central Vermont Solid Waste Management District, 31 F.3d 89 (2d Cir. 1994).

§ 4861. Authorization.

If a joint municipal survey committee approves the creation of a union municipal district, it shall prepare an agreement for the formation of the district and shall file a copy with the legislative body, planning commission, and clerk of each participating municipality.

Added 1969, No. 197 (Adj. Sess.), § 1; amended 1973, No. 250 (Adj. Sess.), § 1.

History

Revision note. Section renumbered, see revision note preceding subchapter 1 of this chapter.

Amendments--1973 (Adj. Sess.) Section amended generally.

ANNOTATIONS

Cited. In re Chittenden Solid Waste District, 163 Vt. 185, 657 A.2d 197 (1995).

§ 4862. Contents of agreement.

Any agreement for the creation of a union municipal district shall specify the following:

Its duration, if it is to be limited in time.
The precise organization, composition, and nature of any separate legal or administrative entity created thereby, with the powers delegated thereto.
Its purposes.
The manner of election or designation of officers of the district, and the powers and duties thereof.
The means of establishing a budget and financing the union municipal district, and the method, if so provided, for assessing the member municipalities or the taxpayers thereof for the expenses of the district.
The permissible method or methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property thereon.
The manner in which the agreement may be amended or renewed, where applicable.
The conditions and procedure under which a municipality may withdraw from a union municipal district or join a district already in operation.
Any other necessary and proper matters.
Added 1969, No. 197 (Adj. Sess.), § 1; amended 1973, No. 250 (Adj. Sess.), § 2.

History

Revision note. Section renumbered, see revision note preceding subchapter of this chapter.

Amendments--1973 (Adj. Sess.) Subdiv. (5): Amended generally.

§ 4863. Approval of agreement.

Any participating municipality may enter into the agreement for the formation of the union municipal district at any annual or special meeting of such municipality duly warned for such purpose.
The vote on the question of accepting the agreement shall be by printed ballot substantially as follows:
Shall the (name of municipality) enter into an agreement for the formation of a union municipal district to be known as " ".
All elections in the separate municipalities shall be held on the same day. The vote shall be by Australian ballot as provided for in 17 V.S.A. chapter 55, subchapter 3.
Where three or more municipalities are concerned in the voting, and at least two approve the agreement, rejection of the agreement by one or more shall not defeat the creation of a district composed of the municipalities voting affirmatively on the question, if the joint survey committee decides that it is feasible or practical to continue the district as a geographic unit, unless the agreement as proposed expressly provides that specific participating municipalities or a minimum number of participating municipalities shall approve the agreement. Members from municipalities rejecting the agreement may take no part in the decision of the joint survey committee, or in any subsequent matters relating to the agreement rejected by the municipalities they represent.
The governing body of the district may authorize the inclusion of additional municipalities outside of the district. Any authorized municipality may take action to enter into the district according to the approval procedures contained herein.
A municipality which is a member of a union municipal district may vote to withdraw from the union municipal district if one year has elapsed since said union municipal district has become a body politic and corporate as provided in section 4865 of this title and if the union municipal district has not voted to bond for construction and improvements as provided in section 4866 of this title.
When a majority of the voters of a member municipality present and voting at a meeting of such municipality duly warned for that purpose shall vote to withdraw from a union municipal district, the vote shall be certified by the clerk of that municipality to the governing body of the union municipal district. Thereafter, the governing body of the union municipal district shall give notice to the remaining member municipalities of the vote to withdraw and such body shall hold a meeting to determine whether it is in the best interests of the district to continue to exist. Representatives of the member municipalities shall be given an opportunity to be heard at such meeting together with any other interested persons. After such meeting, the governing body may declare the district dissolved immediately or as soon thereafter as each member municipality's financial obligations have been satisfied, or it may declare that the district shall continue to exist despite the withdrawal of the member municipality.
A vote of withdrawal taken after a union municipal district has become a body politic and corporate but less than one year after that date shall be null and void. A vote of withdrawal taken after the union municipal district has voted to bond itself for construction and improvements shall likewise be null and void.
The membership of the withdrawing municipality shall terminate as of one year following the vote to withdraw or as soon after such one year period as the financial obligations of said withdrawing municipality have been paid to the union municipal district.
Added 1969, No. 197 (Adj. Sess.), § 1; amended 1973, No. 250 (Adj. Sess.), § 3; 2001, No. 6 , § 12(c), eff. April 10, 2001; 2003, No. 122 (Adj. Sess.), § 85h.

History

Revision note. Section renumbered, see revision note preceding subchapter 1 of this chapter.

Amendments--2003 (Adj. Sess.). Section amended generally.

Amendments--2001. Subsec. (d): Substituted "early or absentee voting" for "absentee voting" in the second sentence.

Amendments--1973 (Adj. Sess.) Section amended generally.

Cross References

Cross references. Application of section to intermunicipal insurance agreements, see chapter 121, subchapter 6 of this title.

§ 4864. Employee organizations; police employees; State Labor Relations Board.

If an employee organization is the exclusive bargaining representative of employees in one or more participating municipalities in a proposed agreement to create a union municipal district for the purpose of providing services currently provided by these employees, any questions of unit determination or representation involving these employees shall be resolved by the State Labor Relations Board pursuant to 21 V.S.A. chapter 22.

Added 2003, No. 122 (Adj. Sess.), § 85i.

History

Former § 4864 relating to vote on agreement was derived from 1969, No. 197 (Adj. Sess.), § 1 and was repealed by 1973, No. 250 (Adj. Sess.), § 7.

§ 4865. Organization.

Upon the approval of the agreement by the required number of municipalities as provided in section 4863 of this title, the union municipal district shall become a body politic and corporate with the powers incident to a public corporation. The district shall be known by the name given in the agreement, by that name may sue and be sued, and may hold and convey real and personal estate for the use of the district.

Added 1969, No. 197 (Adj. Sess.), § 1; amended 1973, No. 250 (Adj. Sess.), § 4.

History

Revision note. Section renumbered, see revision note preceding subchapter 1 of this chapter.

Reference to "section 4604" of this title changed to "section 4863" to conform to renumbering of such section.

Amendments--1973 (Adj. Sess.) Section amended generally.

ANNOTATIONS

1. Generally.

A Vermont solid waste management district or union municipal district was authorized to seek relief in bankruptcy as such a district was, under Vermont law, a "body politic" capable of suing and being sued. In re Sullivan County Regional Refuse Disposal District, 165 B.R. 60 (Bankr. D.N.H. 1994).

§ 4866. Powers and duties.

A union municipal district may:

Hire and fix the compensation of employees.
Contract with consultants and other experts for services.
Contract with the State of Vermont or the federal government, or any agency or department thereof, for services.
Contract with any participating municipality for the services of any officers or employees of that municipality useful to it.
Contract with a county sheriff to provide law enforcement services to the union district.
Promote cooperative arrangements and coordinated action among its participating municipalities.
Make recommendations for review and action to its participating municipalities and other public agencies which perform functions within the region in which its participating municipalities are located.
Exercise any other powers which are exercised or are capable of exercise by any of its participating municipalities, and necessary or desirable for dealing with problems of mutual concern.
Borrow money and issue evidence of indebtedness as provided by chapter 53 of this title. Obligations incurred under such chapter shall be the joint and several obligations of the district and of each member municipality but shall not affect any limitation on indebtedness of a member municipality. The cost of debt service shall be included in the annual budget of the district, and shall be allocated among the member municipalities as provided in the agreement for the allocation of the assessment for the ordinary expenses of the district. Where voter approval is required pursuant to chapter 53 of this title, the governing body of the district shall determine the number and location of polling places, and when a majority of all the voters present and voting on the question from all of the member municipalities at such meeting vote to authorize the issuance of bonds, the district shall be authorized to issue the bonds as provided in said chapter. The counting of ballots shall be conducted by the governing board of the district together with the town or city clerk from each member municipality or his or her designee.
Added 1969, No. 197 (Adj. Sess.), § 1; amended 1973, No. 250 (Adj. Sess.), § 6; 2003, No. 122 (Adj. Sess.), § 85j.

History

Revision note. Section renumbered, see revision note preceding subchapter 1 of this chapter.

Deleted "To" at the beginning of subdiv. (8) to correct a grammatical error.

Reference to chapter "47" of this title in subdiv. (8) changed to "53" to conform renumbering of such chapter.

Amendments--2003 (Adj. Sess.). Added new subdiv. (5), redesignated former subdivs. (5) through (8) as subdivs. (6) through (9), and made a minor stylistic change in present subdiv. (7), and inserted "or her" following "or his" in the last sentence of subdiv. (9).

Amendments--1973 (Adj. Sess.) Subdiv. (8): Added.

§ 4867. Cooperation with other agencies.

Whenever a union municipal district intends to operate in a geographical area which may involve other governmental agencies acting in a regional capacity, it shall notify that governmental agency of its plans and intentions.

Added 1969, No. 197 (Adj. Sess.), § 1.

History

Revision note. Section renumbered, see revision note preceding subchapter 1 of this chapter.

§ 4868. Reports.

Each union municipal district shall prepare an annual report of its activities, including a financial statement, to be distributed to its member municipal units, and shall prepare and distribute any other reports required by its by-laws.

Added 1969, No. 197 (Adj. Sess.), § 1.

History

Revision note. Section renumbered, see revision note preceding subchapter 1 of this chapter.

Subchapter 4. Interlocal Contracts

§ 4901. Authorization.

Any one or more municipalities may contract with any one or more other municipalities to perform any governmental service, activity, or undertaking which each municipality entering into the contract is authorized by law to perform, provided that the legislative body of each municipality approves the contract, and expenses for such governmental service, activity, or undertaking are included in a municipal budget approved under 17 V.S.A. § 2664 or comparable charter provision.
If the interlocal contract is such that the participating municipalities or their legislative bodies, commissions, boards, officers, or voters have the authority to enter into it, by virtue of any charter provision, statute, or the general authority of such municipality or its officers and bodies, then the procedures of this section for approval shall not be exclusive, it being the intent that the powers and procedures set forth in this subchapter for interlocal contracts are supplementary to any other powers or procedures heretofore or hereafter possessed by any municipality.
A municipality may submit an interlocal contract to the Attorney General prior to approval by its legislative body. If such a contract is submitted, the Attorney General shall determine whether the contract is in proper form and compatible with the laws of this State and notify the legislative body of the municipality of his or her determination. In the event that the Attorney General does not respond to the request within 30 days after receipt of a copy of the contract, the legislative body may approve the contract.
Added 1969, No. 197 (Adj. Sess.), § 1; amended 1973, No. 250 (Adj. Sess.), § 5; 2003, No. 122 (Adj. Sess.), § 85k.

History

Revision note. Section renumbered, see revision note preceding subchapter 1 of this chapter.

Amendments--2003 (Adj. Sess.). Subsec. (a): Substituted "legislative body of each municipality approves the contract, and expenses for such governmental service, activity, or undertaking are included in a municipal budget approved under 17 V.S.A. § 2664 or comparable charter provision" for "contract is recommended by a joint survey committee, approved by the attorney general as provided in section 4802 of this title, and authorized by a majority of the voters in each participating municipality at an annual or special meeting duly warned for that purpose".

Subsec. (c): Added.

Amendments--1973 (Adj. Sess.) Subsec. (a): Designated existing provisions of section as subsec. (a), substituted "section 4802" for "section 4502" preceding "of this title", and added subsec. (b).

§ 4902. Contents of contract.

The contract shall set forth fully the purposes, powers, rights, and objectives, and responsibilities of the contracting parties.
The contract may provide:
1. That one person shall hold the same office or offices in the participating municipalities, notwithstanding any provision of law to the contrary.
2. The method of choosing officers by election or appointment, the term of office, the compensation of, or mode of setting the compensation of, and the authority to discharge, a person holding office under subdivision (1) of this subsection.
3. For any duly constituted local or regional board to have jurisdiction in all the municipalities.
4. For a transfer of a local service function or activity or a portion thereof, previously authorized or exercised by a municipality, to another municipality.
5. For the acquisition and maintenance of property, forces, and services which the municipalities participating in the contract are authorized by law to acquire and maintain.
6. For the use of any property, equipment, or personnel of a municipality that is a party to the contract in connection with a joint service or activity authorized by the terms of the contract.
7. For the deposit of funds appropriated, received, or contributed for purposes of any joint municipal activity or service in one or more special bank accounts, and for designation of persons authorized to have custody of and to draw on such funds.
8. For the exercise of any powers consistent with law in order to carry out the purposes contemplated in the contract.
  Added 1969, No. 197 (Adj. Sess.), § 1.

History

Revision note. Section renumbered, see revision note preceding subchapter 1 of this chapter.

Subchapter 5. Outside Aid

§ 4931. Source of funds.

Any union municipal district may accept, receive, and disburse in furtherance of the duties and functions, any funds, grants, and services made available by the State of Vermont and its agencies, the federal government and its agencies, any municipality or other governmental unit whether or not a member of the district, or private or civic sources.

Added 1969, No. 197 (Adj. Sess.), § 1.

History

Revision note. Section renumbered, see revision note preceding subchapter 1 of this chapter.

§ 4932. Technical assistance.

The State and all departments, boards, bureaus, commissions, and other agencies thereof are hereby authorized and empowered, within the limitations of the constitution, to furnish and make available services, assistance, funds, property, and other incentives to any two or more municipalities participating in a union municipal district or interlocal contract so as to effectuate economy or simplification in the administration or financing thereof.

Added 1969, No. 197 (Adj. Sess.), § 1.

History

Revision note. Section renumbered, see revision note preceding subchapter 1 of this chapter.

§ 4933. Municipal contributions.

Each municipality that is a party to an interlocal contract shall have authority to appropriate funds for the purpose of the contract and may also levy taxes and issue bonds for the payment of the appropriation as a special purpose. Services of personnel, use of equipment and office space, and other services may be accepted from contracting municipalities either in addition to or as part of their financial support.

Added 1969, No. 197 (Adj. Sess.), § 1.

History

Revision note. Section renumbered, see revision note preceding subchapter 1 of this chapter.

§ 4934. Repealed. 1973, No. 250 (Adj. Sess.), § 7, eff. July 1, 1974.

History

Former § 4934 related to union mutual districts and was derived from 1969, No. 197 (Adj. Sess.), § 1.

Subchapter 6. Intermunicipal Insurance Agreements

§ 4941. Definitions.

As used in this subchapter:

"Association" shall mean an association, compact, or corporation, any of which shall be organized not for profit, and formed for the purpose of entering into intermunicipal insurance agreements under this subchapter.
"Municipality" shall mean "municipality" as defined in section 4801 of this title, but shall also include the following:
1. all governmental entities defined in 1 V.S.A. § 126 and in subdivision 1751(1) of this title;
2. all bodies corporate and politic created and existing under any special act of the General Assembly;
3. all bodies corporate and politic created and existing under an interstate compact;
4. all bodies corporate and politic created under intermunicipal agreements entered into and approved as provided in subchapter 3 of chapter 121 of this title;
5. all supervisory unions created under 16 V.S.A. chapter 7, subchapter 1;
6. all incorporated school districts;
7. all entities providing educational services and eligible for State aid under 16 V.S.A. § 3447 ;
8. all consolidated water and sewer districts;
9. all ambulance districts created under subchapter 1 of chapter 71 of this title;
10. all regional mass transportation authorities created under chapter 127 of this title;
11. all local housing authorities created under section 4003 of this title;
12. all conservation commissions created under section 4501 of this title;
13. all special assessment or tax increment financing districts created under subchapter 5 of chapter 53 of this title;
14. all counties established by chapter 1 of this title;
15. all regional planning commissions established under chapter 117 of this title;
16. all instrumentalities and agencies of the foregoing.
  Added 1985, No. 237 (Adj. Sess.), § 1, eff. June 3, 1986.

History

Revision note. Substituted "emergency medical services districts" for "ambulance districts" in subdiv. (2)(I) for purpose of conformity with redesignation of such districts by 1983, No. 226 (Adj. Sess.).

§ 4942. Contents of agreement.

Two or more municipalities, by resolution of their respective legislative bodies or boards, may establish and enter into agreements for obtaining or effecting insurance by self-insurance, for obtaining or effecting insurance from any insurer authorized to transact business in this State as an admitted or surplus lines carrier, or for obtaining and effecting insurance secured in accordance with any other method provided by law, or by combination of the provisions of this section for obtaining and effecting insurance. Agreements made pursuant to this section may provide for pooling of self-insurance reserves, risks, claims and losses, and of administrative services and expenses associated with the same, among municipalities. To accomplish the purposes of this subchapter, two or more municipalities may form an association under the laws of this State to develop and administer an intermunicipal risk management program, having as its purposes reducing the risk of its members; safety engineering; distributing, sharing, and pooling risks; acquiring insurance, excess loss insurance, or reinsurance; and processing, paying, and defending claims against the members of such association.

Added 1985, No. 237 (Adj. Sess.), § 1, eff. June 3, 1986.

ANNOTATIONS

Cited. McMurphy v. State, 171 Vt. 9, 757 A.2d 1043 (2000).

§ 4943. Contributions.

Any contributions made to such association for the purpose of distributing, sharing, or pooling risks shall be made on an actuarially sound basis, and any such association shall have its books, records, and financial affairs audited annually by a certified public accountant, copies of which shall be provided to each municipal member and the Commissioner of Financial Regulation.

Added 1985, No. 237 (Adj. Sess.), § 1, eff. June 3, 1986; amended 1989, No. 225 (Adj. Sess.), § 25(b); 1995, No. 180 (Adj. Sess.), § 38(a).

History

2012. Substituted "commissioner of financial regulation"' for "commissioner of banking, insurance, securities, and health care administration" in accordance with 2011, No. 78 (Adj. Sess.), § 2.

Amendments--1995 (Adj. Sess.) Substituted "commissioner of banking, insurance, securities, and health care administration" for "commissioner of banking, insurance, securities".

Amendments--1989 (Adj. Sess.) Substituted "commissioner of banking, insurance, and securities" for "commissioner of banking and insurance".

§ 4944. Approval of agreements.

No association organized under this subchapter shall receive funds from any municipality for the purpose of distributing, sharing, or pooling any risk until a plan for the operation of the association together with all contracts, agreements, and any other documents underlying or implementing the plan, and all amendments thereto, have been approved by the Commissioner of Financial Regulation.
The Commissioner shall adopt rules to assist in the formation of such associations and to expedite approval of any plan of operation. The Commissioner shall also adopt rules relating to the administration and operation of such associations in order to provide for the fiscal integrity of agreements entered into under section 4942 of this title and to provide that trade, market, and claim practices engaged in by such associations are equitable, fair, and consistent. In adopting such rules, the Commissioner shall recognize that such associations are undertaking an essential governmental function and that they shall not be considered insurance companies nor insurers under the laws of this State.
Added 1985, No. 237 (Adj. Sess.), § 1, eff. June 3, 1986; amended 1989, No. 225 (Adj. Sess.), § 25(b); 1995, No. 180 (Adj. Sess.), § 38(a).

History

2012. Subsec. (a): Substituted "commissioner of financial regulation"' for "commissioner of banking, insurance, securities, and health care administration" in accordance with 2011, No. 78 (Adj. Sess.), § 2.

Amendments--1995 (Adj. Sess.) Subsec. (a): Substituted "commissioner of banking, insurance, securities, and health care administration" for "commissioner of banking, insurance, securities".

Amendments--1989 (Adj. Sess.) Subsec. (a): Substituted "commissioner of banking, insurance, and securities" for "commissioner of banking and insurance".

Cross References

Cross references. Procedure for adoption of administrative rules, see 3 V.S.A. chapter 25.

§ 4945. Inapplicability of other laws.

The provisions of section 4863 of this title shall not apply to the formation of an association organized under this subchapter, nor to the participation therein by a municipality.

Added 1985, No. 237 (Adj. Sess.), § 1, eff. June 3, 1986.

§ 4946. Declaration of policy.

The General Assembly hereby finds and declares that the implementation of this subchapter by any municipality and the activity of any association organized pursuant to this subchapter shall constitute essential governmental functions. Participation by a municipality in an agreement or association established pursuant to this subchapter shall not create joint and several liability as a result of any act or omission of any other municipality or association, nor shall such participation constitute a waiver of sovereign immunity under 29 V.S.A. § 1403 .

Added 1985, No. 237 (Adj. Sess.), § 1, eff. June 3, 1986.

ANNOTATIONS

1. Construction .

Waiver of a municipality's sovereign immunity only occurred when a municipal corporation itself purchased liability insurance, and since town obtained its liability coverage through membership in an intermunicipal insurance fund, it did not waive its immunity from plaintiffs' wrongful death suit. McMurphy v. State, 171 Vt. 9, 757 A.2d 1043 (2000).

Cited. Hillerby v. Town of Colchester, 167 Vt. 270, 706 A.2d 446 (1997).

§ 4947. Health benefit plans offered to entities providing educational services.

As used in this section:
1. "Health benefit association" means an association that offers one or more health benefit plans to school employers for coverage of their school employees.
2. "School employee" shall have the same meaning as in 16 V.S.A. § 2101 .
3. "School employer" shall have the same meaning as in 16 V.S.A. § 2101 .
A health benefit association shall offer the same plan or plans to all school employers.
A health benefit association shall solicit the input of the Commission on Public School Employee Health Benefits established in 16 V.S.A. § 2102 regarding the design of the health benefit plan or plans to be offered to school employers for coverage of their school employees.
The governing board of a health benefit association shall be composed of the following six members:
1. three members appointed by the organization representing the majority of the public school boards in this State, who shall not be employees of the organization; and
2. three members appointed by the labor organization representing the greatest number of public school employees in the State, who shall not be employees of the organization.
A health benefit association shall make all health benefit plans that it offers available to approved or recognized independent schools operating in Vermont. Participation shall not create joint and several liability as a result of any act or omission of any other school, municipality, or association. Schools that participate under this section shall be provided with copies of the annual audit. The provisions of 16 V.S.A. § 166 shall apply for purposes of determining whether a school qualifies as an "approved or recognized independent school."
Added 1997, No. 138 (Adj. Sess.), § 20a, eff. April 27, 1998; amended 2018, No. 11 (Sp. Sess.), § H.25.

History

Amendments--2018 (Sp. Sess.). Section amended generally.

Department of Financial Regulation; rulemaking. 2018, No. 11 (Sp. Sess.), § H.26(a) provides: "The Department of Financial Regulation shall amend its rules pursuant to 3 V.S.A. chapter 25 as needed to conform to the provisions of 24 V.S.A. § 4947 as amended by this act, and a health benefit association shall amend its governing documents accordingly."

CHAPTER 122. INTERMUNICIPAL CONTRACTS; DEVELOPMENT

Sec.

§ 4951. Contract for joint municipal development.

Any two or more municipalities, as provided in this chapter, may enter into contracts with each other, provided a vote of a majority of those voting at an annual or special meeting warned for that purpose grants authority to the respective legislative branches of each municipality to enter into such contracts, for the purpose of developing real property for industrial, commercial, or residential purposes. These contracts may provide that the respective municipalities be authorized to do the following:
1. Apportion such sums of money as shall be paid as an annual tax upon such property among said municipalities;
2. Make application for, receive, or expend State, federal, and private development grants;
3. Enter into contracts with consultants, engineers, architects, and other experts for services;
4. Enter into contracts pursuant to section 2741 of this title relating to taxation of real and personal property;
5. Acquire, manage, lease, mortgage, or sell interests in real property;
6. Borrow money and issue evidence of indebtedness as provided in chapter 53 of this title;
7. Adopt bylaws to govern its procedures;
8. Any other matters necessary and proper in attaining the purposes of this section.
If the contract entered into under this section includes the authority to borrow money or issue evidence of indebtedness, the contract shall also specify how the obligations to be incurred will be apportioned and may provide that any obligation incurred by a member municipality shall not affect the limitation of indebtedness of that municipality.
Any contract entered into under this section shall:
1. be filed with the clerk of the respective municipalities and made available for public inspection;
2. continue in full force and effect for the term specified therein or until modified by mutual agreement of the legislative branches of each municipality.
  Added 1983, No. 21 .

CHAPTER 123. MUNICIPAL HOUSING CODES

Sec.

History

This chapter was enacted as "Chapter 93" composed of §§ 4701-4710 but was renumbered §§ 5001-5010 to avoid confusion with addition of similar chapter and section numbers by Acts 197 and 216 of the 1969 Adjourned Session.

Cross References

Cross references. Smoke detector requirements for single-family dwellings, see 9 V.S.A. chapter 77.

§ 5001. Legislative findings.

The General Assembly finds:

There exist in the various municipalities numerous dwellings and dwelling premises that are substandard due to dilapidation, deterioration and disrepair, structural defects, uncleanliness, lack of adequate ventilation, light, sanitary, heating and hot water facilities, overcrowding of dwellings, occupancy of unfit dwellings, and other conditions and defects which increase the hazards of illness, disease, fire, accidents, and other calamities;
These conditions, singly or in combination, endanger the health, safety, morals, and general welfare of the people of the various municipalities and give impetus to the development, continuation, extension, and aggravation of blighted and substandard housing conditions;
The establishment and maintenance of minimum standards for dwellings is necessary to the protection of the public health, safety, morals, and general welfare.
Added 1969, No. 270 (Adj. Sess.)

History

Revision note. Section renumbered, see revision note preceding § 5001 of this title.

ANNOTATIONS

1. Private cause of action.

The language of 24 V.S.A. chapter 123 makes clear that the legislative intent was to provide for the health and safety of the general public, rather than for the protection of any individual class of persons. Corbin v. Buchanan, 163 Vt. 141, 657 A.2d 170 (1994).

24 V.S.A. § 5005 provides an administrative remedy for violation of any ordinance enacted under 24 V.S.A. chapter 123, but nowhere in chapter 123 is there any suggestion that the General Assembly intended to create a private civil remedy; the social, fiscal, tax, and public policy implications of a statute creating a private right of action based on a town's adoption of building code regulations would be enormous, and there is no indication in this record that the Legislature contemplated any such consequences. Corbin v. Buchanan, 163 Vt. 141, 657 A.2d 170 (1994).

§ 5002. Definitions.

As used in this chapter:

"Board" means the board established or designated as the housing board of review.
"Dwelling" means any building or structure or part thereof, including hotels and rooming houses, that is used, occupied, or intended to be used or occupied for human habitation, and includes dwelling premises, appurtenances, and facilities belonging to the dwelling or usually enjoyed therewith.
"Dwelling premises" means the land and auxiliary buildings thereon used or intended to be used in connection with the dwelling.
"Enforcing officer" means the head, or his or her duly authorized representative, of the division, bureau, office, department, or agency responsible for enforcing and administering any ordinance or regulation adopted under this chapter.
"Municipality" means a city, town, or incorporated village.
Added 1969, No. 270 (Adj. Sess.).

History

Revision note. Section was renumbered, see revision note preceding § 5001 of this title.

§ 5003. Powers of municipalities.

For the purposes of promoting the public health, safety, morals, or general welfare, and for the purpose of making dwellings and dwelling premises safe, sanitary, and fit for human habitation, a municipality may adopt, amend, and revise an ordinance for the establishment and enforcement of minimum standards for dwellings. Any such ordinance shall be adopted, amended, or revised in the manner prescribed in sections 1972 and 1973 of this title. Any nationally recognized code, rule, or regulation or portions thereof regarding minimum standards for dwellings and dwelling premises that has been printed in book or pamphlet form may be adopted by reference.
Any ordinance adopted pursuant to this chapter shall include:
1. provision that any order provided for in this chapter shall be recorded in the office in which a deed of the property would be recorded as provided by law, and the order shall thereby be effective against any purchaser, mortgagee, attaching creditor, lien holder, or other person whose claim or interest in the property arises subsequent to the recording of the order;
2. a relocation program for those persons displaced by any action taken pursuant to subsection (c) of this section;
3. provision that when the enforcing officer finds that any order issued under this section has been complied with, he or she shall issue forthwith a cancellation of the order.
Any ordinance adopted pursuant to this chapter may include:
1. Minimum standards with respect to facilities and equipment in dwellings including provisions relating to kitchen sinks, flush toilets and lavatory basins, bathtubs and showers, hot and cold water lines, rubbish and garbage storage and disposal facilities, cooking facilities, water heating facilities, window screens, and provisions for elimination and prevention of insect and vermin infestation.
2. Minimum standards with respect to lighting, ventilation, refrigeration, and heating including, but not limited to, provisions relating to window area, room light and ventilation, electrical outlets, heating facilities, lighting of halls and stairways, and refrigerated storage space.
3. Minimum standards relating to the healthful, safe, and sanitary maintenance of parts of dwellings and dwelling units including provisions relating to weather-tight and rodent-proof foundations, floors, walls, ceilings, roofs, windows, and doors, condition of chimneys and flues, condition and repair of stairs and porches, condition of plumbing fixtures, imperviousness of floor surfaces to water and functioning of facilities, pieces of equipment, and utilities.
4. Minimum standards with respect to space, use, and location including provisions relating to floor space per occupant, size of rooms, bathroom glasses, ceiling height, cellar and basement occupancy, and means of egress.
5. Minimum standards with respect to the provision of features for the safety of occupants including the installation and maintenance of flameproof and fireproof materials and the installation and maintenance of equipment to combat and prevent fires.
6. Provisions fixing rights and responsibilities of owners, lessees, mortgagees, operators, and occupants for the condition, maintenance, use, and occupancy of dwellings and dwelling premises, including security deposits. An ordinance relating to security deposits may not limit how a security deposit is held.
7. Provisions that the enforcing officer may enter, examine and survey all dwellings and dwelling premises at any reasonable time between the hours of 8:00 a.m. and 5:00 p.m. and that the inspection shall be made so as to cause the least amount of inconvenience to the owner or occupant, consistent with the efficient performance of the duties of the enforcing officer, except that the enforcing officer may be authorized to enter, examine, and survey all dwellings and dwelling premises at any time when an emergency tending to create an immediate danger to public health or safety exists.
8. Provision that if entry for inspection is resisted or refused, a search warrant for entry may be issued by a Superior judge upon presentation of affidavits establishing probable cause. Standards for determining probable cause may be the passage of time between inspections, the nature of the dwelling, the condition of the area, or the need to determine if there has been compliance with a repair order previously issued but need not necessarily depend upon specific knowledge of the condition of the particular dwelling.
9. Provisions that the enforcing officer may issue a notice of violation and order the repair, alteration, or improvement of a dwelling or dwelling premises directed to the owner or other person responsible therefor under the ordinance.
10. Provisions that the enforcing officer may declare any dwelling or dwelling premises unfit for human habitation if he or she finds that conditions exist in the dwelling which are a serious hazard or immediate peril to the health, safety, or welfare of the occupants thereof, the occupants of neighboring dwellings, or the general public.
11. Provisions that whenever any dwellings or dwelling premises are found by the enforcing officer to be unfit for human habitation because of defects which constitute a serious hazard or immediate peril to the health, safety, or welfare of the occupants of the dwelling or the public, the enforcing officer may:
  1. order the dwelling or dwelling premises to be vacated and secured until such time as he or she determines that the dwelling is again fit for human habitation;
  2. order the repair, alteration, or improvement of the dwelling or dwelling premises except that the owner shall have the right to vacate and secure the dwelling or dwelling premises within seven days after receipt of the order by the owner or the owner's agent;
  3. initiate demolition proceedings pursuant to sections 3113, 3114, 3115, and 3116 of this title.
12. Provisions that the owner of any dwelling which has been found by the enforcing officer to be unfit for human habitation in accordance with subdivision (11) of this subsection, shall not sell, transfer, mortgage, lease, or otherwise dispose thereof until the owner has furnished the intended grantee, mortgagee, or lessee a true copy of the order and has notified the enforcing officer, in writing, of his or her intent to sell, transfer, mortgage, lease, or otherwise dispose of the dwelling, or until the enforcing officer has found that the conditions causing the dwelling to be unfit for human habitation have been corrected. A transferee, mortgagee, or lessee who has received actual notice or constructive notice shall be bound by the order on the date of the transfer, mortgage, or lease without service of further notice upon him or her by the enforcing officer.
13. Provisions that the enforcing officer may make such regulations as may be consistent with the proper enforcement of any ordinance enacted under this chapter.
  Added 1969, No. 270 (Adj. Sess.); amended 1991, No. 229 (Adj. Sess.), § 2.

History

2019. In subdivs. (c)(1), (3), and (4), deleted "but not limited to" following "including" in accordance with 2013, No. 5 , § 4. In subdiv. (c)(8), deleted "district or" before "Superior" in accordance with 2010 (Adj. Sess.) No. 154, § 236.

Section renumbered, see revision note preceding § 5001 of this title.

References in subdiv. (c)(11)(C) to sections "3111", "3112", "3113" and "3114" of this title changed to "3113", "3114", "3115" and "3116" to conform to renumbering of such sections.

Amendments--1991 (Adj. Sess.). Subdiv. (c)(6): Added "including security deposits" following "premises" in the first sentence and added the second sentence.

ANNOTATIONS

Analysis

1. Implied warranty of habitability.
2. Fees.

1. Implied warranty of habitability.

In determining whether there has been a breach of the implied warranty of habitability, courts may first look to any relevant local or municipal housing code; they may also make reference to the minimum standards enunciated in subsection (c) of this section. Hilder v. St. Peter, 144 Vt. 150, 478 A.2d 202 (1984).

A substantial violation of an applicable housing code shall constitute prima facie evidence that there has been a breach of the implied warranty of habitability, but one or two minor violations, standing alone which do not affect the health or safety of the tenant, shall be considered de minimums and not a breach of the warranty. Hilder v. St. Peter, 144 Vt. 150, 478 A.2d 202 (1984).

2. Fees.

City of Burlington was authorized to charge owners of rental real estate a fee to pay for city's minimum housing program, and trial court properly dismissed landlords' complaint challenging fee. Pollak v. City of Burlington, 158 Vt. 650, 608 A.2d 659 (mem.) (1992).

§ 5004. Establishment of enforcement agency.

If a municipality adopts an ordinance pursuant to section 5003 of this title it shall provide for the creation of such agencies, departments, divisions, and offices as may be required to administer the powers and duties authorized by this chapter, and for the designation of the head of such agency, department, division, or office, or his or her delegate as an enforcing officer under this chapter.

Added 1969, No. 270 (Adj. Sess.).

History

Revision note. Section was renumbered, see revision note preceding § 5001 of this title.

§ 5005. Housing board of review.

If a municipality adopts an ordinance pursuant to section 5003 of this title, it shall provide for the selection and organization of a housing board of review consisting of five members who shall be appointed by the legislative body. The chair, or in his or her absence, the acting chair, may administer oaths and compel the attendance of witnesses. All hearings of the board shall be open to the public.
A housing board of review shall be governed by the following procedure:
1. The board shall keep minutes of its proceedings, showing the vote upon each question, and shall keep records of its decisions and findings and the reasons therefor, and of its examinations and other official actions, all of which shall be filed in the office of the town or city clerk and shall be a public record;
2. Any person aggrieved by an order issued by the enforcing officer may appeal to the board. The appeal shall be taken within seven days from the date of the order appealed from unless a different period is specified by ordinance. The appeal shall be in writing and shall specify the grounds therefor and the relief requested. The board shall immediately send a copy of the appeal to the enforcing officer who shall forthwith send to the board all evidence constituting the record upon which the order was based;
3. An appeal to the board shall stay the effectiveness of the order appealed from unless the enforcing officer certifies to the board after notice of the appeal has been sent to him or her, that, by reason of facts stated in the certificate, a stay would, cause a serious hazard or imminent peril to the health or safety of the occupants of a dwelling or of the public. Upon consideration of such certificate, the board may give written notice to the appealing party specifying that the order shall be effective pending a hearing on the merits of the appeal in which case the effectiveness of the order shall not be stayed otherwise than by a restraining order which may be granted by a court of competent jurisdiction or application therefor and upon notice to the enforcing officer and on due cause shown;
4. The board shall fix a reasonable time for the hearing of the appeal, give due notice thereof to the party making the appeal and the enforcing officer and decide it within a reasonable time. At the hearing any party may appear in person or by agent or attorney;
5. If a municipality adopts an ordinance governing security deposits and further provides that a housing board of review shall hear and decide disputes related to security deposits, a landlord or tenant may request a hearing before the board without the involvement or order of an enforcing officer. A hearing shall be set and held by the board in the same manner as provided in subdivisions (1) through (4) of this subsection.
The housing board of review shall have the following powers:
1. The housing board of review may hear and decide appeals where it is alleged that there is error in any order, requirement, decision, or determination made by an enforcing officer in the enforcement of any ordinance or regulation adopted under this chapter or where a municipality so provides, to resolve disputes related to security deposits for the occupancy of dwellings;
2. Where, by reason of an extraordinary and exceptional condition or situation unique to the property involved, the strict application of any ordinance or regulation adopted under this chapter would result in peculiar and exceptional difficulties to, or exceptional and undue hardship upon, the person to whom an order has been issued, the housing board of review may vary from the strict application to the least extent necessary to relieve the difficulties, or hardship if the relief may be granted without substantial detriment to public health, safety, morals, and general welfare and without substantial impairment of the intent and purpose of the ordinance or regulation;
3. In exercising its powers, the board may in conformity with this chapter reverse or affirm wholly or partly, or may modify any order, requirement, decision, or determination of the enforcing officer and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the enforcing officer from whom the appeal was taken and where a municipality so provides, the board may order that all, part, or none of the portion of the security deposit which is withheld be retained by the owner or returned to the tenant;
4. In order to hear an appeal, a majority of the board must be present. A concurring vote of a majority of the members of the board present at the hearing shall be necessary to reverse or modify any order or decision of the enforcing officer and to authorize a variance or modification in the application of any ordinance or regulation adopted under this chapter. When a tie vote occurs, the order of the enforcing officer shall be considered to be sustained. Except as provided in subsection 5006(b) of this title, the findings of the board shall be conclusive with respect to questions of fact and may be reviewed only as to questions of law.
  Added 1969, No. 270 (Adj. Sess.); amended 1991, No. 229 (Adj. Sess.),§§ 3, 4.

History

Revision note. Section was renumbered, see revision note preceding § 5001 of this title.

Amendments--1991 (Adj. Sess.) Subsec. (b): Made a minor stylistic change in subdiv. (4) and added subdiv. (5).

Subdiv. (c)(1): Added "or where a municipality so provides, to resolve disputes related to security deposits for the occupancy of dwellings" following "chapter".

Subdiv. (c)(3): Added "and where a municipality so provides, the board may order that all, part or none of the portion of the security deposit which is withheld be retained by the owner or returned to the tenant" following "appeal was taken".

ANNOTATIONS

Analysis

1. Private cause of action.
2. Hearings.

1. Private cause of action.

2. Hearings.

Trial court properly upheld a housing board's authority to conduct a hearing before a single member. The case did not involve an "appeal" to the board, which required that a majority of the board be present, but a first-instance security-deposit hearing. In re Soon Kwon, 189 Vt. 598, 19 A.3d 139 (mem.) (2011).

§ 5006. Court review.

Any person, including the enforcing officer, aggrieved by any decision of the board, may appeal to the Superior Court. The appeal shall not stay proceedings upon the decision appealed from, but the court may on application, upon notice to the board and on due cause shown, grant a restraining order. The board shall not be required to return the original papers acted on by it, but it shall be sufficient to return certified or sworn copies thereof or such portions thereof as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.
If upon the hearing it appears to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his or her findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm wholly or partly or may modify the decision appealed from.
Added 1969, No. 270 (Adj. Sess.); amended 1971, No. 185 (Adj. Sess.), § 206, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.

History

Revision note. Section renumbered, see revision note preceding § 5001 of this title.

Amendments--1973 (Adj. Sess.) Subsec. (a): Substituted "superior court" for "county court".

Amendments--1971 (Adj. Sess.) Subsec. (a): Deleted "in accordance with chapter 102 of Title 12" following "court" at the end of the first sentence.

ANNOTATIONS

1. Standard of review.

Trial court correctly determined that a landlord's appeal to the Superior Court from a decision of a housing board of review forfeiting his right to retain security deposits was pursuant to the rule which governed appeals from governmental agencies when the right to appeal was given by statute, and therefore was on the record and not de novo. In re Soon Kwon, 189 Vt. 598, 19 A.3d 139 (mem.) (2011).

§ 5007. Penalties.

Municipalities may prescribe by ordinance penalties for any violation of any ordinance or regulation adopted under this chapter by a fine not to exceed $200.00 or by imprisonment for not more than 30 days, or both, for each violation thereof. Each day's failure to comply with any such provision shall constitute a separate violation.

Added 1969, No. 270 (Adj. Sess.).

History

Revision note. Section was renumbered, see revision note preceding § 5001 of this title.

§ 5008. Court proceedings.

If the enforcing officer finds that any person has failed to comply with any order issued by him or her within the time specified therein and that such person has failed to appeal such order within the time prescribed, he or she may notify the State's Attorney of the county or the attorney of the municipality who shall bring suit in the name of the municipality to enforce such order. Such suit shall be brought in the Superior Court of the county in which the municipality is located and at the request of either party, the court shall advance the case so that it may be heard and determined with as little delay as possible. The court may issue a temporary injunction or order in any such proceedings and may exercise all the plenary powers available to such court to obtain compliance with the ordinance and any order issued pursuant thereto. The court may award costs of suit which may include, if the plaintiff prevails and the court deems the defense without substantial merit, the attorney's fees incurred by the plaintiff or so much thereof as the court finds reasonable.

Added 1969, No. 270 (Adj. Sess.), eff. July 1, 1970; amended 1971, No. 81 , eff. April 16, 1971; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.

History

Revision note. Section renumbered, see revision note preceding § 5001 of this title.

Amendments--1973 (Adj. Sess.) Substituted "superior court" for "county court".

Amendments--1971 Inserted "or the attorney of the municipality" preceding "who shall bring suit" in the first sentence.

§ 5009. Construction.

This chapter shall be construed most favorably to municipalities, its intention being to give them the fullest and most complete powers possible concerning the subject matter hereof.

Added 1969, No. 270 (Adj. Sess.).

History

Revision note. Section was renumbered, see revision note preceding § 5001 of this title.

§ 5010. Effect of previously adopted ordinances.

Ordinances, rules, and regulations adopted by any municipality under chapter 83 of this title shall not be affected or in any way invalidated by the provisions of this chapter. The provisions of this chapter and ordinances and regulations adopted under its authority, shall not be subject to limitations, requirements, or provisions contained in said chapter 83.

Added 1969, No. 270 (Adj. Sess.).

History

Revision note. Section renumbered, see revision note preceding § 5001 of this title.

Reference to chapter "69" of this title changed to chapter "83" to conform to renumbering of such chapter.

CHAPTER 125. MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF VERMONT

Sec.

History

Transition; newly merged districts. 2011, No. 156 (Adj. Sess.), § 26 provides: "(a) If two or more districts merge to form a union school district pursuant to 16 V.S.A. chapter 11, subchapter 4, or a regional education district pursuant to No. 153 of the Acts of the 2009 Adj. Sess. (2010) ('the new district') prior to the date on which employees covered by the municipal employees' retirement system provisions of 24 V.S.A. chapter 125 ('the system') transitioned from employment solely by a school district to employment, wholly or in part, by a supervisory union pursuant to 16 V.S.A. § 261a(a)(6) or (8)(E) as amended on June 3, 2010 ("the transition date'), then:

"(1) on the first day of merger, the new district shall be a participant in the system on behalf of:

"(A) an employee from a school district that merged to form the new district if the merging district was a participant in the system prior to merger; and

"(B) a new employee hired by the new district after the effective date of merger into a job classification for which the new district is a participant in the system, if any;

"(2) an employee from a school district that was not a participant in the system prior to merger shall not be a member of the system unless, through negotiations with the new district under 21 V.S.A. chapter 22, the new district becomes a participant in the system on the employee's behalf.

"(b) If a new district is formed after the transition date, then the new district shall assume the responsibilities of any one or more of the merging districts that participate in the system; provided, however, that this subsection shall not be construed to extend benefits to an employee who would not otherwise be a member of the system under any other provision of law.

"(c) The existing membership and benefits of an employee shall not be impaired or reduced either by negotiations with the new district under 21 V.S.A. chapter 22 or otherwise.

"(d) In addition to general responsibility for the operation of the Vermont municipal employees' retirement system pursuant to 24 V.S.A. § 5062(a), the responsibility for implementation of all sections of this act relating to the system is vested in the retirement board."

Cross References

Cross references. State Employees' Retirement System, see 3 V.S.A. chapter 16.

Teachers Retirement System, see 16 V.S.A. chapter 55.

§ 5051. Definitions.

As used in this chapter:

"Accumulated contributions" means the sum of all the amounts deducted for Municipal Employees' Retirement System purposes from the compensation of a member with interest thereon, as provided in subsection 5063(b) of this title.
"Actuarial equivalent" means a benefit of equal value under actuarial assumptions last adopted by the Retirement Board under subsection 5063a(h) of this title.
"Annuity" means annual payments for life actuarially derived from the accumulated contributions of a member.
"Average final compensation" (AFC) means:
1. For a Group A member, the average annual earnable compensation of a member during the five consecutive fiscal years beginning July 1 and ending June 30 of creditable service affording the highest average, or during all of the years of creditable service if fewer than five years. If the member's highest five years of earnable compensation are the five years prior to separation of service and the member separates prior to the end of a fiscal year, the AFC shall be determined by adding all of the following:
  1. The actual earnable compensation earned in the fiscal year of separation through the date of separation and the service credit to correspond with the last pay date.
  2. The earnable compensation and service credit earned in the preceding four fiscal years.
  3. The remaining service credit that is needed to complete the five full years, which shall be factored from the fiscal year preceding the four fiscal years described in subdivision (ii) of this subdivision (A). The earnable compensation associated with this remaining service credit shall be calculated by multiplying the annual earnable compensation reported by the remaining service credit that is needed.
2. For a Group B or C member, the term means the average annual earnable compensation of a member during the three consecutive fiscal years beginning on July 1 and ending on June 30 of creditable service affording the highest average, or during all of the years in his or her creditable service if fewer than three years. If the member's highest three years of earnable compensation are the three years prior to separation of service and the member separates prior to the end of a fiscal year, the AFC shall be determined by adding all of the following:
  1. The actual earnable compensation earned in the fiscal year of separation through the date of separation and the service credit to correspond with the last pay date.
  2. The earnable compensation and service credit earned in the preceding two fiscal years.
  3. The remaining service credit that is needed to complete the three full years, which shall be factored from the fiscal year preceding the two fiscal years described in subdivision (ii) of this subdivision (B). The earnable compensation associated with this remaining service credit shall be calculated by multiplying the annual earnable compensation reported by the remaining service credit that is needed.
3. For a Group D member, the term means the average annual earnable compensation of a member during the two consecutive fiscal years beginning on July 1 and ending on June 30 of creditable service affording the highest such average, or during all of the years in his or her creditable service if fewer than two years. If the member's highest two years of earnable compensation are the two years prior to separation of service and the member separates prior to the end of a fiscal year, the AFC shall be determined by adding all of the following:
  1. The actual earnable compensation earned in the fiscal year of separation through the date of separation and the service credit to correspond with the last pay date.
  2. The earnable compensation and service credit earned in the preceding fiscal year.
  3. The remaining service credit that is needed to complete the two full years, which shall be factored from the fiscal year preceding the fiscal year described in subdivision (ii) of this subdivision (C). The earnable compensation associated with this remaining service credit shall be calculated by multiplying the annual earnable compensation reported by the remaining service credit that is needed.
4. For purposes of determining average final compensation for a member who has accrued service in more than one group plan within the System, the highest consecutive years of earnings shall be based on the formulas outlined in subdivision (A), (B), or (C) of this subdivision (4) using the earnable compensation received while a member of the System.
"Beneficiary" means any person in receipt of a pension, an annuity, a retirement allowance, or other benefit as provided by this chapter.
"Board" means the Board of Trustees of the System provided for in section 5062 of this title to administer the System.
"Continuous service" means those periods of service as an employee with all employers, provided all of the following conditions are met:
1. The period of each employment was uninterrupted.
2. Not more than 30 days elapsed between termination of one period of employment and commencement of the next.
3. Each such termination occurred after the effective date of the System.
4. Each employer employing the employee after the effective date was a participant in the System during the period it employed the employee. Notwithstanding any other provisions, continuous service prior to the effective date of this plan shall commence on the most recent date of hire as an employee, but in no case shall the continuous service of an employee prior to the effective date of this plan be for a period longer than 20 years. If an employee does not withdraw his or her contributions, continuous service shall not be interrupted by:
  1. an approved leave of absence; or
  2. a departure from the Municipal Retirement System for a period of less than three years.
"Creditable service" means that period of continuous service subsequent to an employee joining the System and prior to his or her termination of service, during which an employee makes contributions. For those employees who join when first eligible, and whose employer joins on the effective date of this System, there shall be included as creditable service that period of continuous service as an employee prior to such effective date up to a maximum of 20 years with such employer. For those employees of employers who join on the effective date of the System, and who elect to join the System subsequent to the effective date, only the three years of continuous service immediately prior to joining the System shall be included as credited service. For those employees of employers who elect to purchase prior service credit in accordance with subsection 5054(e) of this title, there shall be included as creditable service that period of continuous service as an employee prior to the effective date of participation and allowed in accordance with the prior service purchase agreement but not in excess of 20 years. Creditable service shall also include that transferred under 3 V.S.A. § 495 .
"Earnable compensation" means the total amounts paid to an employee for his or her position. In cases where compensation includes maintenance, the Retirement Board shall fix the value of that part of the compensation not paid in money. Fees shall be counted as compensation.
"Employee" means the following persons employed on a regular basis by a school district or by a supervisory union for no fewer than 1,040 hours in a year and for no fewer than 30 hours a week for the school year, as defined in 16 V.S.A. § 1071 , or for no fewer than 1,040 hours in a year and for no fewer than 24 hours a week year-round; provided, however, that if a person who was employed on a regular basis by a school district as either a special education or transportation employee and who was transferred to and is working in a supervisory union in the same capacity pursuant to 16 V.S.A. § 261a(a)(6) or (8)(E) and if that person is also employed on a regular basis by a school district within the supervisory union, then the person is an "employee" if these criteria are met by the combined hours worked for the supervisory union and school district. The term shall also mean persons employed on a regular basis by a municipality other than a school district for no fewer than 1,040 hours in a year and for no fewer than 24 hours per week, including persons employed in a library at least one-half of whose operating expenses are met by municipal funding:
1. "Group A member" means a person employed by a participating municipality who does not elect to become a Group B, C, or D member under section 5068 of this title or does not become a Group B or C member pursuant to a collective bargaining agreement.
2. "Group B member" means a person employed by a municipality who elects to become a Group B member under section 5068 of this title or becomes a Group B member pursuant to a collective bargaining agreement.
3. "Group C member" means a person employed by a municipality who elects to become a Group C member under section 5068 of this title or becomes a Group C member pursuant to a collective bargaining agreement.
4. "Group D member" means a person employed by a participating municipality who elects to become a Group D member under section 5068 of this title.
5. The Retirement Board shall determine any question as to whether a person is an employee as defined in this chapter.
"Employer" means a municipality, a library at least one-half of whose operating expenses are paid from municipal funds, or a supervisory union.
"Medical Board" means the board of physicians provided for in section 5062 of this title.
"Member" means any employee included in the membership of the Retirement System under section 5053 of this title.
"Municipality" means a city, town, county, incorporated village, fire district, consolidated water district, housing authority, union municipal district, school district, incorporated school district, union school district, or any of their instrumentalities. The Retirement Board shall determine any question as to whether an employer is eligible to participate in the System.
"Normal retirement date" means:
1. for Group A members, the first day of the calendar month next following the attainment of age 65 and the completion of five years of creditable service or age 55 and completion of 35 years of creditable service;
2. for Group B members, the first day of the calendar month next following the attainment of age 62 and the completion of five years of creditable service or age 55 and completion of 30 years of creditable service; and
3. for Group C and D members, the first day of the calendar month next following the attainment of age 55 and the completion of five years of creditable service.
"Pension" means annual payments for life derived from contributions by the State and municipality.
"Pension reserve" means the present value of all payments to be made on account of a pension, or benefit in lieu of a pension, computed at regular interest on the basis of tables last adopted by the Board.
"Regular interest" means interest at such rate or rates as may be established from time to time by the Board as provided in subsection 5063(b) of this title.
"Retirement" means withdrawal from active service with a retirement allowance granted under the provisions of this chapter.
"Retirement allowance" or "maximum allowance" means the sum of the annuity and the pension. All retirement allowances shall be payable in equal monthly installments except that when the retirement allowance is less than $20.00 per month it shall be payable on such basis as the Board may direct.
"Service" means service as an employee for which compensation is paid by an employer as defined in subdivision (11) of this section, service recognized under section 5054 of this title, or service prior to the effective date of the plan.
"System" means the Municipal Employees' Retirement System of Vermont, as defined in section 5052 of this title.
"Fund" or "Vermont Municipal Retirement Fund" means the fund created by section 5064 of this title, which shall contain the assets of the Retirement System and from which shall be paid the benefits due to beneficiaries and the expenses of the Retirement System.
Added 1973, No. 251 (Adj. Sess.), § 3; amended 1977, No. 164 (Adj. Sess.), § 3, eff. March 31, 1978; 1977, No. 205 (Adj. Sess.), § 1; 1983, No. 56 , § 1, eff. April 22, 1983; 1983, No. 128 (Adj. Sess.), § 1; 1987, No. 39 , § 1; 1987, No. 183 (Adj. Sess.), § 20, eff. May 7, 1988; 1989, No. 11 , §§ 1, 2; 1991, No. 233 (Adj. Sess.), § 1; 1999, No. 61 , § 1; 1999, No. 53 , §§ 8, 8a; 2005, No. 197 (Adj. Sess.), § 1; 2007, No. 13 , § 36; 2007, No. 13 7 (Adj. Sess.), § 8; 2009, No. 24 , §§ 7, 8; 2011, No. 156 (Adj. Sess.), § 24, eff. May 16, 2012; 2013, No. 22 , § 13; 2017, No. 165 (Adj. Sess.), § 25; 2019, No. 131 (Adj. Sess.), § 270; 2021, No. 20 , § 261.

History

Revision note. At the beginning of the introductory clause, deleted the designation for subsec. (a) to conform to V.S.A. style.

Amendments--2021. Subdiv. (15): In subdivs. (A)-(C), deleted "‘Normal retirement date'” at the beginning and "means” preceding "the first day”; and inserted "and” at the end of subdiv. (B).

Amendments--2019 (Adj. Sess.). Section amended generally.

Amendments--2017 (Adj. Sess.). Subdivs. (4)(A)(i), (4)(B)(i), (4)(C)(i): Inserted "in the fiscal year of separation" following "earned", substituted "the" for "corresponding" preceding "service credit" and inserted "to correspond with the last pay date" thereafter.

Amendments--2013. Subdiv. (8): Added the fifth sentence.

Amendments--2011 (Adj. Sess.). Subdiv. (10): Amended generally.

Subdiv. (11): Substituted "a library at least one-half" for "or a library at least half" and added ", or a supervisory union".

Amendments--2009. Subdiv. (4)(D): Substituted "subdivision (A), (B), or (C)" for "subdivision (A) or (B)".

Subdiv. (7)(D): Amended generally.

Amendments--2007 (Adj. Sess.). Subdiv. (2): Substituted "under actuarial assumptions" for "when computed at regular interest upon the basis of the mortality tables" and added "under subsection 5063a(h) of this title".

Subdiv. (8): Deleted "normal retirement date or earlier" following "his or her" in the first sentence, and substituted "20 years" for "twenty years" in the second sentence.

Amendments--2007. Subdiv. (4)(D): Added.

Subdiv. (10): Substituted "funding" for "funds" following "municipal" at the end of the subdiv.

Subdiv. (10)(E): Deleted the second sentence.

Subdiv. (20): Inserted "or 'maximum allowance'" preceding "means" in the first sentence.

Subdiv. (23): Added.

Amendments--2005 (Adj. Sess.). Subdiv. (4): Amended generally.

Subdiv. (10): Rewrote the former first sentence as the present first and second sentences in the introductory paragraph.

Subdiv. (11): Substituted "at least half of whose operating expenses are paid from" for "or a museum supported in whole or in part by".

Amendments--1999 Subsec. (4): Act No. 61 added the third sentence.

Subsec. (10): Act No. 53 inserted "the state teachers' retirement system as provided in" preceding "chapter 55 of Title 16" and inserted "other than beneficiaries of that system" thereafter in subdiv. (E).

Act No. 61 inserted "participating" preceding "municipality" and substituted "group B, C or D" for "group B or C" preceding "member under" in subdiv. (A), added present subdiv. (D), and redesignated former subdiv. (D) as present subdiv. (E).

Subdiv. (15)(A): Act No. 53 substituted "65" for "sixty-five" and "or age 55 and completion of 35 years of creditable service" for "whichever is later".

Subdiv. (15)(B): Act No. 53 added "or age 55 and completion of 30 years of creditable service" at the end of the sentence.

Subdiv. (15)(C): Act No. 61 substituted "group C and D" for "group C".

Amendments--1991 (Adj. Sess.) Subdiv. (4): Added "or C" following "group B" in the second sentence.

Subdiv. (10): Added "or C" following "group B" in two places in subdiv. (A), added a new subdiv. (C), and redesignated former subdiv. (C) as subdiv. (D).

Subdiv. (15)(C): Added.

Amendments--1989 Subdiv. (4): Inserted "for a group A member" following "means" and made other minor stylistic changes in the first sentence and added the second sentence.

Subdiv. (15): Substituted "five" for "ten" preceding "years" in subdivs. (A) and (B).

Amendments--1987 (Adj. Sess.) Subdiv. (a)(7)(D): Rewrote the third sentence.

Subdiv. (a)(10): Rewrote the introductory paragraph.

Amendments--1987 Subsec. (a): Deleted "and terminating on an employee's normal retirement date or earlier termination of employment" preceding "provided" in the introductory paragraph, substituted "24 hours a week or 1,040 hours in" for "thirty-five hours or five months" preceding "a year, for a period" in the last sentence of subdiv. (7)(D), and rewrote subdivs. 10(A) and (B) and (15).

Amendments--1983 (Adj. Sess.) Subdiv. (a)(8): Added the fourth sentence.

Amendments--1983 Subdiv. (a)(7): Amended generally.

Amendments--1977 (Adj. Sess.) Subsec. (a)(14): No. 205 inserted reference to county and housing authorities within meaning of municipality and added last sentence relating to determination of eligibility of employer to participate in the system.

Subdiv. (a)(15): No. 164 added the words "except as provided in the case of elected officials" at the end of the definition.

Amendments--1983 (Adj. Sess.) 1983, No. 56 , § 3, provided that the amendment to subdiv. (7) of this section by section 1 of the act would apply retroactively to any person hired after July 1, 1975 who otherwise met the conditions set out in the definition of continuous service by the act.

§ 5052. Name and date of establishment.

The date of establishment of the Retirement System shall be July 1, 1975. The System shall be known as the "Vermont Municipal Employees' Retirement System", and by such name all of its business shall be transacted, all of its assets invested, and all of its cash and securities and other property held in trust for the purpose for which received.

Added 1973, No. 251 (Adj. Sess.), § 3; amended 2007, No. 13 , § 37.

History

Amendments--2007. Substituted "assets" for "funds" preceding "invested" in the second sentence.

§ 5053. Members.

An employee of an employer who joins the Vermont Municipal Employees' System may become a member of the System on the effective date of participation of said employer or at a later date if he or she has completed three or more years of continuous service as an employee. If an employee does not elect to join on the effective date of the System, he or she may join on the first of any subsequent month.
Any employee who is hired subsequent to the effective date of participation of his or her employer shall become a member of the System on the date the employee is hired.
A municipality may elect to join the Vermont Municipal Employees' Retirement System by a vote of the legislative body of such municipality for all its employees or for employees of one or more groups of employees that have a similarity of interest, needs, and general conditions of employment or dates of hire, as determined by the legislative body and approved by the Board. The effective date of participation for such employers shall be designated by the Retirement Board. The vote by the legislative body of a municipality to join the Vermont Municipal Employees' Retirement System shall be irrevocable.
The Retirement Board may, upon application of the legislative body and an employee, exempt individual employees from membership in the System, provided that the Board determines that the employee is participating in an alternative retirement system, including a retirement plan qualifying under Section 401(a) or 457 of the Internal Revenue Code, which better meets the retirement needs of the employee.
Added 1973, No. 251 (Adj. Sess.), § 3. 1974; amended 1977, No. 205 (Adj. Sess.), § 2; 1987, No. 39 , § 2; 1989, No. 11 , § 6, eff. July 1, 1990; 1991, No. 233 (Adj. Sess.), § 2; 1995, No. 118 (Adj. Sess.), § 1; 1999, No. 53 , § 12; 1999, No. 158 (Adj. Sess.), § 17; 2007, No. 13 , § 38; 2009, No. 24 , § 9; 2013, No. 115 (Adj. Sess.), § 3.

History

Reference in text. Sections 401(a) and 457 of the Internal Revenue Code, referred to in subsec. (d), are codified as 26 U.S.C. §§ 401(a) and 457, respectively.

Amendments--2013 (Adj. Sess.). Subsec. (c): Substituted "employees that" for "employees which" following "more groups of" and inserted "or dates of hire" following "conditions of employment".

Amendments--2009. Subsec. (c): Added the last sentence.

Amendments--2007. Subsec. (b): Amended generally.

Amendments--1999 (Adj. Sess.) Subsec. (b): Amended generally.

Amendments--1999 Subsec. (b): Substituted "on the date the employee is hired" for "upon the completion of one year of continuous service".

Amendments--1991 (Adj. Sess.) Subsec. (c): In the first sentence, inserted "the legislative body of" preceding "such municipality" and deleted "at a regular or special meeting duly warned for that purpose" thereafter.

Subsec. (d): Added.

Amendments--1995 (Adj. Sess.) Subsec. (c): Rewrote the first sentence.

Amendments--1989 Subsec. (b): Substituted "his or her" for "their" following "participation of" and "one year" for "three years" following "completion of".

Amendments--1987 Subsec. (a): Deleted "provided that he will complete ten years of credited service by his normal retirement date or age seventy, whichever is earlier" following "service as an employee" at the end of the first sentence and "provided he will have completed ten years of credited service subsequent to joining and prior to his normal retirement date" following "month" at the end of the second sentence.

Subsec. (b): Deleted "and prior to age fifty-six" following "employer".

Amendments--1977 (Adj. Sess.) Deleted references to July 1, 1975, and inserted references to the effective date of participation of their employer in subsecs. (a) and (b).

Subsec. (c): Added.

Cross References

Cross references. Designation of employees as group A or group B members, see § 5068 of this title.

Transfer of membership between retirement systems, see § 495 of Title 3.

§ 5053a. Employees of a supervisory union.

For purposes of this section, the term "transferred employee" means an employee under this chapter who transitioned from employment solely by a school district to employment, wholly or in part, by a supervisory union pursuant to 16 V.S.A. § 261a(a)(6) or (8)(E) as amended on June 3, 2010.
A transferred employee from a participating school district shall remain an employee of the school district solely for the purpose of employer participation and employee membership in the System regardless of whether the supervisory union is a participant in the System on the date of transition. The membership and benefits of the transferred employee shall not be impaired or reduced by either negotiations with the supervisory union or school district under 21 V.S.A. chapter 22 or otherwise.
If a supervisory union is a participant in the System on the date of transition, then:
1. a transferred employee from a nonparticipating district shall not become a member of the System unless, through negotiations with the supervisory union under 21 V.S.A. chapter 22, the supervisory union becomes a participant in the System on the employee's behalf;
2. an existing employee of the supervisory union on the date of transition shall be a member to the extent the supervisory union is or becomes a participant in the System on the employee's behalf; and
3. a new employee of the supervisory union after the date of transition shall be a member to the extent the supervisory union is or becomes a participant in the System on the employee's behalf.
If a supervisory union is not a participant in the System on the date of transition, then:
1. a transferred employee from a nonparticipating district shall not be a member of the System unless, through negotiations with the supervisory union under 21 V.S.A. chapter 22, the supervisory union becomes a participant in the System on the employee's behalf;
2. an existing employee of the supervisory union on the date of transition shall not be a member of the System unless, through negotiations with the supervisory union under 21 V.S.A. chapter 22, the supervisory union becomes a participant in the System on the employee's behalf; and
3. a new employee of the supervisory union after the date of transition shall not be a member of the System unless, through negotiations with the supervisory union under 21 V.S.A. chapter 22, the supervisory union becomes a participant in the System on the employee's behalf.
  Added 2011, No. 156 (Adj. Sess.), § 25, eff. May 16, 2012.

§ 5054. Creditable service.

An employee who becomes a member on July 1, 1975 shall receive credit for all prior service as an employee since the employee's most recent date of hire with his or her present employer, up to a maximum of 20 years. Any other person who becomes a member shall receive credited service for the three year period prior to joining.
All service of a member since he or she last became a member on account of which contributions are made shall be credited service.
The Retirement Board shall fix and determine by rule how much service in any year is equivalent to one year of service, but in no case shall it allow credit for a period of absence without pay of more than a month's duration, nor shall more than one year of service be creditable for all service in one fiscal year. Service rendered as an employee for the full normal working time in any year shall be equivalent to one year's service, but in no case shall less than the minimum number of hours established under subdivision 5051(10) of this title be regarded as full normal working time.
Any employee whose continuous service is broken and is later rehired, shall be considered as a new employee without any credit for service previously rendered.
The Retirement Board may enter into a prior service purchase agreement with any municipality which has participated in another funded retirement system to enter the Vermont Municipal Employees' Retirement System and transfer assets from its predecessor system into the Vermont Municipal Employees' System representing the liabilities for continuous service accrued prior to the participation effective date. Assets received by the municipality from the predecessor system shall be transferred to the Vermont Municipal Employees' Retirement System in a lump sum. Liabilities not covered by the lump sum deposit shall be contributed by the municipal employer as an additional employer contribution rate determined in accordance with the provisions of subdivision 5064(c)(6) of this title.
The Board may enter into a prior service purchase agreement with any member who has participated in a public retirement system other than this System. A member who desires to purchase creditable service for service with a public retirement system outside this System must make application to the Board to purchase such creditable service. Upon approval by the Board, a member who desires to purchase additional creditable service must deposit in the Fund, a lump sum equal to the accrued liability (based on the assumptions and methodology adopted by the Board) for such additional creditable service. In lieu of a single payment, a member may, subject to the approval of the Board, contribute in installments of equal monthly payments (over a period not to exceed 60 months) the actuarial equivalent value (based on assumptions adopted by the Board) of the lump sum payment described in this section. Any member who terminates prior to completing all required installment payments as approved by the Board shall receive pro rata credit for service purchased before the member's date of termination, but if so elected at the time of termination, the member may pay as much in a single sum as is necessary to provide full credit at this time. The payments made by the member pursuant to this subsection shall be treated for all purposes as member contributions. No application may be accepted for purchase of credit for prior service in a public retirement system if at the time of application the member has a vested right to retirement benefits in such public retirement system.
The Board may enter into a prior service purchase agreement with any Group B member who has participated in Group A, a Group C member who has participated in Group A or B for service in that group, a Group D member who has participated in Group A, B, or C for service in one of those groups, or an employer on behalf of a member as described in this subsection. The purchase made by a member shall follow the procedure set forth in subsection (f) of this section. The purchase made by an employer on behalf of a member shall be paid in equal annual installments over a specified period as determined by the Board.
Credit shall be granted for any period of approved absence from service due to any class of military service approved by the Retirement Board, provided the employee returns to service in the municipality within 90 days after having become discharged or separated from such military service, as if such service had been service as an employee of the municipality. The earnable compensation of the employee at the time of entering such military service shall be deemed to be the earnable compensation for the period of such service.
Credit shall also be granted for any period of absence from service in connection with an approved workers' compensation claim as a result of a work-related injury, provided the employee provides evidence of the period covered by the approved workers' compensation claim upon return to active service. The earnable compensation of the employee at the time of entering the period of the absence from service resulting from an approved workers' compensation claim or the wages plus all other wage replacement compensation received while on the approved period of absence, whichever provides for the highest total compensation, shall be deemed to be the earnable compensation for the period of such service. The total compensation under this subsection shall not exceed what the earnable compensation would have been had the member not been injured.
Added 1973, No. 251 (Adj. Sess.), § 3. 1974; amended 1983, No. 128 (Adj. Sess.), § 3; 1987, No. 39 , § 3; 1987, No. 183 (Adj. Sess.), § 21, eff. May 7, 1988; 1989, No. 11 , § 7; 1991, No. 233 (Adj. Sess.), §§ 3, 4; 1999, No. 61 , § 2; 2001, No. 29 , § 8; 2007, No. 13 , § 39; 2015, No. 114 (Adj. Sess.), § 8.

History

Revision note. In subsec. (c), substituted "section 5051(10) of this title" for "section 5051(a)(10) of this title" to conform reference to section 5051, as revised.

Amendments--2015 (Adj. Sess.). Subdiv. (f): Substituted "60 months" for "36 months" in the fourth sentence.

Amendments--2007. Subsec. (e): Substituted "assets" for "funds" and "Assets" for "Funds" in the first sentence and at the beginning of the second sentence and substituted "subdivision" for "section" preceding "5064(c)(6)" near the end of the second sentence.

Subsec. (f): Deleted "annuity savings" preceding "fund" in the third sentence and substituted "in this section" for "above" at the end of the fourth sentence.

Subsec. (i): Added.

Amendments--2001. Subsec. (g): Added "or an employer on behalf of a member as described in this subsection" to the end of the first sentence, "made by a member" to the second sentence, and added the final sentence.

Subsec. (h): Added.

Amendments--1999. Subsec. (g): Deleted "or" preceding "a group C member who" and added "or a group D member who has participated in group A, B or C for service in one of those groups" at the end of the first sentence.

Amendments--1991 (Adj. Sess.) Subsec. (f): In the second sentence, deleted "within a period of three years after becoming a member of the system or by July 1, 1990, if later" following "creditable service".

Subsec. (g): Added.

Amendments--1989 Subsec. (f): Added.

Amendments--1987 (Adj. Sess.) Subsec. (c): Substituted "the minimum of hours established under section 5051(a)(10) of this title" for "24 hours per week or 1,040 hours in a year" preceding "be regarded" in the second sentence.

Amendments--1987 Subsec. (a): Substituted "the employee's" for "his" following "since" and inserted "or her" preceding "present" in the first sentence.

Subsec. (c): Substituted "rule" for "appropriate rules and regulations" following "determine by" in the first sentence and substituted "24" for "five months and thirty-five" preceding "hours per week" and inserted "or 1,040 hours in a year" thereafter in the second sentence.

Subsec. (e): Added "of this title" following "subdivision 5064(c)(6)" at the end of the last sentence.

Amendments--1983 (Adj. Sess.) Subsec. (e): Added.

Cross References

Cross references. Procedure for adoption of administrative rules, see 3 V.S.A. chapter 25.

Transfer of membership between retirement systems, see § 495 of Title 3.

§ 5054a. Elective credits.

Any member may elect to have included in the member's creditable service, years of service as an employee of another municipality, as a State employee, or as a teacher in a public or private school, as defined by the Board, and years of service in the defined contribution plan authorized under section 5070 of this title when the employee elects to transfer back to the defined benefit plan as a result of his or her employer offering a higher group plan. Any member who so elects shall deposit in the Fund by a single contribution the amount or amounts determined by the System's actuary to be cost neutral to the System. No application for credit under this subsection shall be granted if at the time of application, the member has a vested right to retirement benefits in another defined benefit retirement system based upon that service.
Any member who has rendered 15 years of creditable service and who has, prior to becoming a member of the System, served a minimum of one full year of full-time service in the military or one full year of full-time service as a member of the Cadet Nurse Corps in World War II, the Peace Corps, VISTA, or AmeriCorps for which the member has derived no military pension benefits, may elect to have included in the member's creditable service all or any part of the member's military, Cadet Nurse Corps, Peace Corps, VISTA, or AmeriCorps service not exceeding five years. Any member who so elects shall deposit in the Fund by a single contribution the amount or amounts determined by the System's actuary to be cost-neutral to the System. Notwithstanding the foregoing, in the event of a conflict between the provisions of this subsection and the provisions of 10 U.S.C. § 12736 concerning the counting of the same full-time military service toward both military and State pensions, the provisions of the U.S. Code shall control.
Any time a member is required to make a single contribution in connection with an election under this section, a member may contribute over a maximum of five years in installments of equal value. Those contributions shall become a part of the member's accumulated contributions. Any member who retires before completing payment for the purchase of service under this section shall receive pro rata credit for service purchased before the date of retirement, but if the member so elects at the time of retirement, the member may pay as much in a single sum as is necessary to provide full credit at that time.
Added 1999, No. 53 , § 8b; amended 2001, No. 29 , § 9; 2005, No. 197 (Adj. Sess.), § 2; 2007, No. 13 , § 40; 2009, No. 24 , § 10; 2015, No. 18 , § 8.

History

Amendments--2015. Subsec. (b): Inserted "or AmeriCorps" following "VISTA" in two places in the first sentence.

Amendments--2009. Subsec. (a): Added "and years of service in the defined contribution plan authorized under section 5070 of this title when the employee elects to transfer back to the defined benefit plan as a result of his or her employer offering a higher group plan" in the first sentence, and inserted "defined benefit" preceding "retirement system" in the last sentence.

Amendments--2007. Subsec. (a): Deleted "annuity savings" preceding "fund" in the second sentence.

Subsec. (b): Deleted "annuity savings" preceding "fund" in the second sentence.

Subsec. (c): Inserted "over a maximum of five years" following "contribute"; deleted "equal annual" preceding "installments", and substituted "of equal value" for "for a period not to exceed three years" in the first sentence.

Amendments--2005 (Adj. Sess.). Subsec. (c): Added.

Amendments--2001. Added the subsec. (a) designation and added subsec. (b).

§ 5055. Normal and early retirement.

Normal retirement. Any member who has reached his or her normal retirement date may retire on a normal retirement allowance on the first day of any month after separation from service by filing an application in the manner outlined in subdivision (1) of this subsection. Any member in service may be retired on a normal retirement allowance on the first day of the calendar month next following his or her normal retirement date.
1. Where application for a retirement allowance is required, the member shall apply in writing to the Retirement Board not later than 90 days, or longer for cause shown, after the date upon which the retirement allowance is to begin.
1. Normal retirement allowance. Upon normal retirement, a Group A member shall receive a normal retirement allowance that shall be equal to one and four-tenths percent of his or her average final compensation multiplied by the number of years of creditable service as a Group A member up to a maximum of 60 percent of average final compensation; a Group B member shall receive a normal retirement allowance which shall be equal to the normal retirement allowance earned as a member of Group A, if any, up to a maximum of 60 percent of average final compensation, plus one and seven-tenths percent of his or her average final compensation multiplied by the number of years of creditable service as a Group B member, up to a maximum of 60 percent of average final compensation; and a Group C or Group D member who retires prior to July 1, 1995 shall receive a normal retirement allowance which shall be equal to the normal retirement allowance earned as a member of Group A, if any, up to a maximum of 60 percent of average final compensation, and that earned as a member of Group B, if any, up to a maximum of 60 percent of average final compensation, plus two and one-half percent of his or her average final compensation multiplied by the number of years of creditable service as a member of Group C, up to a maximum of 50 percent of average final compensation. The normal retirement allowance for a Group B member who is hired on or after July 1, 1999 shall be equal to the early retirement allowance earned as a member of Group A, including reductions set forth in subsection (d) or (e) of this section as appropriate, if any, plus the normal retirement allowance earned as a member of Group B. The normal retirement allowance for a Group C or Group D member who retires on or after July 1, 1995 shall be equal to the early retirement allowance earned as a member of Group A including reductions set forth in subsection (d) or (e) of this section as appropriate, if any, up to a maximum of 60 percent of average final compensation, plus the early retirement allowance earned as a member of Group B including reductions set forth in subsection (d) or (e) of this section as appropriate, if any, up to a maximum of 60 percent of average final compensation, plus the normal retirement allowance earned as a member of Group C or Group D, up to a maximum of 50 percent of average final compensation. (b) (1) Normal retirement allowance. Upon normal retirement, a Group A member shall receive a normal retirement allowance that shall be equal to one and four-tenths percent of his or her average final compensation multiplied by the number of years of creditable service as a Group A member up to a maximum of 60 percent of average final compensation; a Group B member shall receive a normal retirement allowance which shall be equal to the normal retirement allowance earned as a member of Group A, if any, up to a maximum of 60 percent of average final compensation, plus one and seven-tenths percent of his or her average final compensation multiplied by the number of years of creditable service as a Group B member, up to a maximum of 60 percent of average final compensation; and a Group C or Group D member who retires prior to July 1, 1995 shall receive a normal retirement allowance which shall be equal to the normal retirement allowance earned as a member of Group A, if any, up to a maximum of 60 percent of average final compensation, and that earned as a member of Group B, if any, up to a maximum of 60 percent of average final compensation, plus two and one-half percent of his or her average final compensation multiplied by the number of years of creditable service as a member of Group C, up to a maximum of 50 percent of average final compensation. The normal retirement allowance for a Group B member who is hired on or after July 1, 1999 shall be equal to the early retirement allowance earned as a member of Group A, including reductions set forth in subsection (d) or (e) of this section as appropriate, if any, plus the normal retirement allowance earned as a member of Group B. The normal retirement allowance for a Group C or Group D member who retires on or after July 1, 1995 shall be equal to the early retirement allowance earned as a member of Group A including reductions set forth in subsection (d) or (e) of this section as appropriate, if any, up to a maximum of 60 percent of average final compensation, plus the early retirement allowance earned as a member of Group B including reductions set forth in subsection (d) or (e) of this section as appropriate, if any, up to a maximum of 60 percent of average final compensation, plus the normal retirement allowance earned as a member of Group C or Group D, up to a maximum of 50 percent of average final compensation.
2. The average final compensation used to calculate the retirement allowance under all plans shall be based on the definition of the average final compensation for the member's group plan immediately preceding retirement.
Early retirement. Any member who has not reached his or her normal retirement date but who has completed five years of creditable service, at least two and one-half of which have been as a contributor subsequent to joining the System, and who has attained age 55 may retire on an early retirement allowance.
Early retirement allowance. Upon early retirement, a member shall receive an early retirement allowance equal to the retirement benefit reduced by one-half of one percent for each of the first 120 months, one-sixth of one percent for each of the next 120 months, one-eighteenth of one percent for each of the next 120 months, and one-fifty-fourth of one percent for each additional month that the member is under the normal age at the time of early retirement.
Early retirement allowance - police officers. Notwithstanding subsections (c) and (d) of this section, upon early retirement, sworn municipal police officers who have attained age 60 and who are members of Group A or B shall receive an early retirement allowance which shall be equal to his or her normal retirement allowance computed under subsection (b) of this section, reduced by one-quarter of one percent for each month the member is under the normal age at the time of early retirement. Municipal public safety officers who have attained age 50 and completed 20 years of creditable service and who are members of Group D may retire on an early retirement allowance. Members of Group D who retire on an early retirement allowance shall receive an early retirement allowance which shall be equal to the normal retirement allowance at age 55 for Group D service with no reduction applied, but shall have all appropriate penalties applied to accrued Group A, Group B, or Group C service.
In any fiscal year in which a beneficiary resumes service, as that term is defined in section 5051 of this title, after separation from service for a period of time to be determined by the Board, he or she shall again become a member of the System, shall contribute at the rate established for members of his or her group, and shall not be entitled to receive a retirement allowance.
Upon the subsequent retirement of an employee who once again became a member under subsection (f) of this section, the employee shall once again become a beneficiary whose former retirement allowance shall be restored, but the beneficiary shall not be entitled to cost of living adjustments for the period during which he or she was restored to service. In addition to the former retirement allowance, a beneficiary shall be entitled to a retirement allowance separately computed for the period beginning with his or her last restoration to service for which the member has made a contribution. If the beneficiary is not vested in the System since he or she was last restored to service, the member's contributions plus accumulated interest shall be returned to him or her.
Added 1973, No. 251 (Adj. Sess.), § 3. 1974; amended 1977, No. 164 (Adj. Sess.), §§ 1, 2, eff. March 31, 1978; 1987, No. 39 , § 4; 1989, No. 11 , §§ 3, 8; 1991, No. 233 (Adj. Sess.), § 5; 1995, No. 25 , § 1; 1999, No. 53 , § 9; 1995, No. 61 , § 3; 2001, No. 29 , § 10; 2001, No. 116 (Adj. Sess.), § 10, eff. May 28, 2002; 2003, No. 122 (Adj. Sess.), § 297g; 2007, No. 13 , § 41; 2007, No. 13 7 (Adj. Sess.), § 9; 2009, No. 24 , § 11.

History

Amendments--2009. Subsec. (f): Amended generally.

Subsec. (g): Added.

Amendments--2007 (Adj. Sess.). Subsec. (b): Designated the existing provisions of the subsec. as subdiv. (1), and added subdiv. (2).

Amendments--2007. Subsec. (c): Deleted "in service" following "member" and substituted "55" for "fifty-five" following "age".

Subsec. (e): Rewrote the subsec.

Amendments--2003 (Adj. Sess.). Subsec. (f): Added.

Amendments--2001 (Adj. Sess.) Subsec. (b): Deleted "all members . . . thereafter" in the first sentence.

Amendments--2001. Subsec. (b): Added "up to a maximum of 60 percent of average final compensation" throughout.

Amendments--1999 Subsec. (b): Act No. 53 inserted "up to a maximum of 60 percent of average final compensation" following "service as a group A member" in the second sentence; substituted "60 percent" for "50 percent" following "group B member, up to a maximum of" in the second sentence; and added the third sentence.

Act No. 61 inserted "or group D" in the second and fourth sentences.

Subsec. (e): Act No. 61 added the second sentence.

Amendments--1995 Subsec. (b): Inserted "who retires prior to July 1, 1995" following "group C member" in the second sentence and added the third sentence.

Amendments--1991 (Adj. Sess.) Subsec. (b): Rewrote the second sentence.

Subsec. (d): Substituted "of the first 120 months, one-sixth of one percent for each of the next 120 months, one-eighteenth of one percent for each of the next 120 months and one fifty-fourth of one percent for each additional month that" for "month" preceding "the member".

Subsec. (e): Inserted "and who are members of group A or B" following "age 60".

Amendments--1989 Subsec. (b): Amended generally.

Subsec. (c): Inserted "or her" preceding "normal" and substituted "five" for "ten" following "completed" and "two and one-half" for "five" following "at least".

Amendments--1987 Subsec. (a): Inserted "or her" preceding "normal" and deleted "his" preceding "separation" in the first sentence and rewrote the second sentence.

Subsec. (b): Amended generally.

Subsec. (c): Substituted "ten" for "thirteen" following "completed".

Subsec. (d): Amended generally.

Subsec. (e): Amended generally.

Amendments--1977 (Adj. Sess.) Subsec. (a): Deleted in the second sentence reference to "elected" official of a municipal government.

Subsec. (e): Rewrote the second sentence and added the third sentence.

Adjustment of benefits for members retired prior to July 1, 1989. 1989, No. 11 , § 10, provided: "In addition to the cost of living adjustment authorized under Sec. 9 of this act [which amended 24 V.S.A. § 5067], the benefits paid on or after July 1, 1989 to members who retired prior to July 1, 1987 shall also be adjusted to reflect an allowance equal to one and one-tenth of his or her average final compensation multiplied by the number of years of creditable service after June 30, 1975 and prior to July 1, 1987, rather than the one percent allowance authorized under 24 V.S.A. § 5055(b) prior to the effective date of this act."

Cross References

Cross references. Cost of living adjustments, see § 5067 of this title.

§ 5056. Disability retirement.

Upon application of a member not more than 90 days before, or later than 90 days, or longer for cause shown, the date a member separates from service, any member who has not reached his or her normal retirement date and has had five or more years of creditable service, may be retired by the Retirement Board on a disability retirement allowance on the first of the month following separation from service; provided that the Medical Board, after an examination of the medical records of the member or a medical examination by a physician or physicians designated by the Medical Board, shall certify that the member is mentally or physically incapacitated for the further performance of the member's specific job requirements, that such incapacity has existed at and since the time of the member's separation from service and is likely to be permanent, and that he or she should be retired. If the member has applied for and been granted a disability retirement allowance from the Social Security Administration prior to submission of municipal application, an automatic approval will be granted upon receipt of proof of Social Security disability allowance.
Upon a disability retirement, a member shall receive a normal retirement allowance if he or she has reached his or her normal retirement date; otherwise a member shall receive the allowance accrued to date of disability.
Notwithstanding subsection (b) of this section, a Group D member, upon ordinary disability retirement, shall receive an additional allowance which will be equal to ten percent of the member's average final compensation for each dependent child, not in excess of three, who has not attained age 18 or, if a dependent student, has not attained age 23, if the member's compensation from the municipality:
1. Is not subject to Social Security withholding; or
2. When added to his or her Social Security benefit, is subject to Social Security withholding.
  Added 1973, No. 251 (Adj. Sess.), § 3; amended 1983, No. 56 , § 2, eff. April 22, 1983; 1987, No. 39 , § 5; 1989, No. 11 , § 4; Amended 1999, No. 61 , § 7; 2005, No. 197 (Adj. Sess.), § 3.

History

Reference in text. 2007. The Social Security Administration, referred to in subsec. (a), is codified as 42 U.S.C. § 901 et seq.

Amendments--2005 (Adj. Sess.). Subsec. (a): Amended generally.

Amendments--1999. Subsec. (c): Added.

Amendments--1989 Subsec. (a): Substituted "five" for "ten" preceding "or more years of creditable service, including", substituted "two and one-half years" for "five years" thereafter, and inserted "or she" preceding "should be retired" at the end of the subsec.

Amendments--1987 Subsec. (a): Substituted "ten" for "thirteen" preceding "or more years".

Subsec. (b): Substituted "or she has" for "shall have" preceding "reached his" and inserted "or her" thereafter.

Amendments--1983 Subsec. (a): Substituted "creditable" for "continuous" following "thirteen or more years of".

Cross References

Cross references. Cost of living adjustment, see § 5067 of this title.

§ 5056a. Benefit denial; evidentiary hearing.

An applicant for disability retirement benefits under section 5056 of this title may file a request for an evidentiary hearing with the Retirement Board if the application for benefits is denied.
The hearing shall be an appeal de novo and shall be conducted by a hearing officer designated by the Board and in conformance with rules adopted by the Board. Rules adopted by the Board shall be consistent with 3 V.S.A. § 809 .
The decision of the hearing officer shall constitute final administrative action.
The Retirement System or the applicant may appeal a decision of the hearing officer to the Supreme Court pursuant to Rule 13 of the Vermont Rules of Appellate Procedure.
Added 2003, No. 38 , § 7; amended 2005, No. 197 (Adj. Sess.), § 4.

History

Amendments--2005 (Adj. Sess.). Subsec. (b): Inserted "an appeal de novo and shall be" preceding "conducted".

Subsec. (d): Added.

ANNOTATIONS

1. Construction.

Municipal Employees Retirement System, the State Employees Retirement System, and the Teachers Retirement System each provides for an award of disability-retirement benefits, and each, in turn, uniformly provides that an employee denied such a benefit is entitled to a contested hearing conducted by a hearing officer, whose decision "shall constitute final administrative action." This language is significant, revealing as it does a clear intent that the agency decision shall be considered "final" solely for purposes of administrative exhaustion and ripeness for subsequent judicial review, not as a bar to such review. Preston v. Burlington City Ret. Sys., 194 Vt. 147, 76 A.3d 615 (2013).

§ 5057. Reexamination of disability beneficiary.

Once each year, the Retirement Board or the Medical Board may require any disability beneficiary who has not reached his or her normal retirement date to undergo a medical examination, by a physician or physicians designated by the Medical Board, the examination to be made at the place of residence of the beneficiary or other place mutually agreed upon. In lieu of a medical examination, the Retirement Board may request current medical records or evidence to substantiate the continued disability status.
Should any disability beneficiary who has not reached his or her normal retirement date refuse to submit to such medical examination or refuse to supply current medical records or other requested medical evidence, his or her allowance may be discontinued until withdrawal of such refusal, and should refusal continue for one year, all the beneficiary's rights in and to his or her pension may be revoked by the Retirement Board.
Added 1973, No. 251 (Adj. Sess.), § 3; amended 2005, No. 197 (Adj. Sess.), § 5.

History

Amendments--2005 (Adj. Sess.). Section amended generally.

§ 5058. Reinstatement.

Should a disability beneficiary be restored to service and should his or her annual earnable compensation then or at any time thereafter be equal to or greater than his or her average final compensation at retirement, or should any other beneficiary be restored to service, his or her retirement allowance shall cease and the beneficiary shall again become a member of the Retirement System. Anything in this chapter to the contrary notwithstanding, upon his or her subsequent retirement he or she shall be credited with all the service creditable to him or her at the time of his or her former retirement. However, if such beneficiary is restored to membership after the attainment of the age of 55 years, his or her pension upon subsequent retirement shall not exceed the sum of the pension that he or she was receiving immediately prior to his or her last restoration to membership and the pension that may have accrued to him or her on account of membership service since his or her last restoration to membership.

Added 1973, No. 251 (Adj. Sess.), § 3.

§ 5059. Termination of service; preretirement death benefit.

Upon the withdrawal of a member from service prior to retirement for reasons other than death, the amount of the member's accumulated contributions with interest will be returnable to the member. In lieu of a return of contributions, any member who has completed five years of credited service, and at least two and one-half years of which have been as a contributing member, may allow his or her contributions to remain in the System and receive a deferred vested retirement allowance, commencing as early as the eligibility date for early retirement, which shall be equal to an early or a normal retirement allowance accrued to the member's date of termination of continuous service. The average final compensation used to calculate the normal retirement allowance under this section shall be increased or decreased annually by a cost of living adjustment equal to one-half of the percentage increase or decrease, calculated to the nearest one-tenth of a percent in the Consumer Price Index, as defined in section 5067 of this title, for the preceding fiscal year. The increase or decrease shall commence on the January 1 immediately following separation from service. The maximum annual adjustment of any retirement allowance resulting from any cost of living adjustment under this subsection shall be two percent for Group A members and three percent for Group B, Group C, or Group D members.
Unless the designated dependent beneficiary elects to receive payment of a deceased member's accumulated contributions as provided under subsection (a) of this section, the retirement allowance payable to the dependent beneficiary of a deceased Group A, Group B, or Group C member under this section shall be equal to the retirement allowance that would have been payable had the member elected option 1 under section 5060 of this title and retired on the member's date of death; the retirement allowance payable to the spouse of a Group D member under this section shall be equal to 70 percent of the retirement allowance that would have been payable had the member retired on the member's date of death. In the case of a member who has not attained the normal retirement date as of his or her date of death, the retirement allowance shall be computed on the basis of a disability retirement allowance or an early retirement allowance, whichever provides the greater benefit to the dependent beneficiary. If the deceased member has no eligible designated dependent beneficiary, the member's accumulated contributions shall be payable to the member's designated beneficiaries. In the absence of a designated beneficiary, or in the event the designated beneficiary is deceased, the return of accumulated contributions with interest payable as a result of the death of the member prior to retirement shall be payable as follows:
1. In the case of an open estate, to the administrator or executor.
2. In the case of a closed estate and the deceased member's account is valued at less than $1,000.00, in accordance with the Probate Division of the Superior Court decree of distribution.
3. In the absence of an open estate or Probate Division of the Superior Court decree of distribution, and the deceased member's account is valued at less than $1,000.00 to the surviving spouse of the deceased owner, or, if there is no surviving spouse, then to the next of kin according to 14 V.S.A. § 551 .
4. In all other cases, a probate estate shall be opened by the claimant, or other interested party, in order to determine the appropriate distribution of the proceeds of the deceased member's account. When an estate is opened solely to distribute the proceeds of a deceased member's account under this section, the Probate Division of the Superior Court may waive any filing fees.
  Added 1973, No. 251 (Adj. Sess.), § 3; amended 1987, No. 39 , § 6; 1989, No. 11 , § 5; 1999, No. 53 , § 10; 2001, No. 116 (Adj. Sess.), § 11, eff. May 28, 2002; 2005, No. 197 (Adj. Sess.), § 6; 2007, No. 13 , § 42; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2013, No. 22 , § 14.

History

Amendments--2013. Subsec. (a): In the second sentence, substituted "as early as the eligibility date for early retirement" for "at normal retirement date" following "commencing" and inserted "an early or" preceding "a normal".

Amendments--2009 (Adj. Sess.) Substituted "probate division of the superior court" for "probate court" in subdivs. (b)(2), (3), and (4).

Amendments--2007. Subsec. (a): Substituted "group C, or group D" for "and C" preceding "members" at the end of the fifth sentence.

Subsec. (b): Amended generally.

Amendments--2005 (Adj. Sess.). Subsec. (b): Amended generally.

Amendments--2001 (Adj. Sess.). Subsec. (a): Substituted "separation from service" for "such December 31" at the end of the fourth sentence.

Amendments--1999 Section amended generally.

Amendments--1989 Subsec. (a): Substituted "five" for "ten" preceding "years of credited service, and at least" and substituted "two and one-half" for "five" thereafter in the second sentence.

Subsec. (b): Substituted "five" for "ten" preceding "years of credited service, at least" and substituted "two and one-half" for "five" thereafter in the first sentence, and "five" for "ten" preceding "years, or less than" and "two and one-half" for "five" thereafter in the second sentence.

Amendments--1987 Subsec. (a): Inserted "or her" following "his" and following "him" in the first sentence and substituted "ten" for "thirteen" following "completed" and inserted "or her" following "his" in two places in the second sentence.

Subsec. (b): Substituted "ten" for "thirteen" following "completion of" in the first sentence and preceding "years, or less" in the second sentence and inserted "or her" following "his" throughout the subsec.

Cross References

Cross references. Cost of living adjustment, see § 5067 of this title.

§ 5060. Optional benefits.

Until the first payment on account of a retirement allowance becomes normally due, any member may elect to convert the retirement allowance otherwise payable to the member after retirement into a retirement allowance that is its actuarial equivalent, in accordance with one of the optional forms described below.
Option 1. A reduced retirement allowance payable during the member's life, with the provision that it shall continue after the member's death for the life of the beneficiary nominated by the member by written designation duly acknowledged and filed with the Retirement Board at the time of retirement should such beneficiary survive the member; or

Option 2. A reduced retirement allowance payable during the member's life, with the provision that it shall continue after the member's death at one-half the rate paid to the member and be paid for the life of the beneficiary nominated by the member by written designation duly acknowledged and filed with the Retirement Board at the time of retirement should such beneficiary survive the member.
Any member who elects to receive a retirement allowance under the provisions of option 1 or 2 may elect to receive a benefit further reduced actuarially as prescribed by the Board with the added provision that on the basis of stipulations contained in a plan-approved domestic relations order or if the retired member survives the member's nominated beneficiary, the retirement allowance which would have been payable during the member's life computed pursuant to section 5055 or 5056 of this title, whichever is applicable, shall be paid to the retired member during the remainder of the member's lifetime. If a member does not make an election as to the form of his or her retirement allowance, the member shall receive his or her retirement allowance computed pursuant to section 5055 or 5056 of this title, whichever is applicable.
Added 1973, No. 251 (Adj. Sess.), § 3; 1999, No. 53 , § 11.

History

Amendments--1999 Designated the existing provisions of the section as subsec. (a) and substituted "the member" for "him" and "the member's" for "his" wherever they appeared throughout that subsec., and added subsec. (b).

§ 5061. Death benefit; post retirement.

The beneficiary of a member who dies after retirement shall receive at the member's death, a lump sum equal in amount to the difference between the member's accumulated contributions at the time of retirement and the sum of the annuity payments actually made to the member during his or her lifetime. However, if the member elected an option prior to the commencement of the benefit, the provisions thereof shall apply. Under all options, in the absence of a written designation of beneficiary, or in the event the designated beneficiary is deceased, the residual amount payable as a result of the death of the member after retirement shall be payable as follows:

In the case of an open estate, to the administrator or executor.
In the case of a closed estate and the residual amount payable is valued at less than $1,000.00, in accordance with the Probate Division of the Superior Court decree of distribution.
In the absence of an open estate or Probate Division of the Superior Court decree of distribution, and the residual amount payable is valued at less than $1,000.00 to the surviving spouse of the deceased owner, or, if there is no surviving spouse, then to the next of kin according to 14 V.S.A. § 551 .
In all other cases, a probate estate shall be opened by the claimant, or other interested party, in order to determine the appropriate distribution of the residual amount payable. When an estate is opened solely to distribute the residual amount payable under this section, the Probate Division of the Superior Court may waive any filing fees.
Added 1973, No. 251 (Adj. Sess.), § 3; amended 2007, No. 13 , § 43; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.

History

Amendments--2009 (Adj. Sess.) Substituted "probate division of the superior court" for "probate court" in subdivs. (2), (3), and (4).

Amendments--2007. Section amended generally.

§ 5061a. Accidental and occupationally-related death benefit.

If the Retirement Board shall find on the basis of such evidence as may come before it that a Group D member in service died prior to retirement under the System as the natural and proximate result of an accident occurring at a definite time and place during the course of the member's performance of duty as an employee, and that such accident was not the result of the member's own gross negligence or willful misconduct, a retirement allowance shall be paid the member's dependent beneficiary during the beneficiary's life. The terms and conditions of such payments shall be the same as those prescribed for Group C members as defined in 3 V.S.A. § 464 .

Added 1999, No. 61 , § 8.

§ 5061b. Death benefit after retirement - Group D.

If a Group D member in receipt of a retirement allowance dies, the member's dependent spouse shall receive, until his or her death, a retirement allowance which shall be equal to 70 percent of the retirement allowance to which the member was then entitled, without optional modification, irrespective of whether the member had elected such an option.

Added 1999, No. 61 , § 9.

§ 5062. Retirement Board; Medical Board; actuary; rates of contribution; safekeeping of securities.

1. The general administration and responsibility for the proper operation of the Retirement System and for making effective the provisions of this chapter are hereby vested in a board of five trustees, known as the Retirement Board. The Board shall consist of: (a) (1) The general administration and responsibility for the proper operation of the Retirement System and for making effective the provisions of this chapter are hereby vested in a board of five trustees, known as the Retirement Board. The Board shall consist of:
  1. the State Treasurer;
  2. two employee representatives who shall at all times during their term of office both be contributing members of the System and have completed five years of creditable service, elected by the membership of the System;
  3. one employer representative who shall at all times during their term of office be a member of a governing body, the chief executive officer, or a supervisor as defined in 21 V.S.A. § 1502(13) , of an employer participating in the System, elected by the governing bodies of the System employers; and
  4. one employer representative who shall at all times during their term of office be a member of a governing body, the chief executive officer, or a supervisor as defined in 21 V.S.A. § 1502(13) , of an employer participating in the System, appointed by the Governor from a list of not less than three nominations jointly submitted by the Vermont League of Cities and Towns and the Vermont School Boards Association.
2. An individual shall not be eligible to serve as an employee representative if the individual is eligible to serve as an employer representative.
All trustees shall be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of their duties. All trustees shall be entitled to receive a per diem as provided in 32 V.S.A. § 1010 except a trustee who is a State or municipal employee, provided that a trustee who is a municipal employee shall be entitled to the per diem when the trustee's compensation from the municipality is reduced as result of the performance of his or her official duties, or the trustee's official duties are performed on his or her personal time. Compensation or reimbursements under this subsection shall be from the Fund of the Retirement System.
Each trustee shall be entitled to one vote in the Retirement Board. Three trustees shall constitute a quorum for the transaction of any business. A majority vote of those present and voting shall be necessary for any resolution or action by the Retirement Board at any meeting of the Board. All trustees shall be notified of any meeting of the Board. The State Treasurer may designate in writing a person within the State Treasurer's Office to attend a meeting or meetings of the Retirement Board in the State Treasurer's place. The designation shall be filed with the Secretary of the Board. A person so designated shall have the same voting rights and responsibilities as the State Treasurer at such meeting or meetings except that the designee shall not automatically assume the Treasurer's place as an officer of the Board.
Subject to the limitations of this chapter, the Retirement Board shall, from time to time, establish rules and regulations for the administration of the Fund of the Retirement System and for the transaction of its business.
The Retirement Board shall elect from its membership a chair and shall appoint a secretary who may be, but need not be, one of the trustees. It shall engage such medical, actuarial, and other services as shall be required to transact the business of the Retirement System. The compensation of all persons engaged by the Retirement Board, and all other expenses of the Board necessary for the operation of the Retirement System, shall be paid at such rates and in such amounts as the Board shall approve.
The Retirement Board shall keep in convenient form such data as shall be necessary for actuarial valuation of the Fund of the Retirement System, and for checking the experience of the System.
The Retirement Board shall keep a record of all its proceedings, which shall be open to public inspection. It shall publish annually a report showing the fiscal transactions of the Retirement System for the preceding fiscal year, the amount of the accumulated cash and securities of the System, and the last balance sheet showing the financial condition of the Retirement System by means of an actuarial valuation of the assets and liabilities of the System.
The Attorney General of the State shall be legal advisor to the Retirement Board.
The Retirement Board shall designate a Medical Board to be composed of three physicians not eligible to participate in the Retirement System. If required, other physicians may be employed to report on special cases. The Medical Board shall arrange for and pass upon all medical examinations required under the provisions of this chapter, shall investigate all essential statements and certificates by or on behalf of a member in connection with an application for disability retirement, and shall report in writing to the Retirement Board of its conclusions and recommendations upon all matters referred to it.
The Retirement Board shall designate an actuary who shall be the technical advisor of the Board on matters regarding the operation of the Fund of the Retirement System and shall perform such other duties as are required in connection therewith.
Immediately after the establishment of the Retirement System, the Retirement Board shall adopt for the Retirement System such mortality and service tables as shall be deemed necessary and shall certify the rates of contribution payable under the provisions of this chapter. At least once in each three-year period following the establishment of the System, the actuary shall make an actuarial investigation into the mortality, service, and compensation experience of the members and beneficiaries of the Retirement System, and taking into account the results of such investigation, the Retirement Board shall adopt for the Retirement System such mortality, service, and other tables as shall be deemed necessary and shall certify the rates of contribution payable under the provisions of this chapter.
On the basis of such mortality and service tables as the Retirement Board shall adopt, the actuary shall make annual valuations of the assets and liabilities of the Fund of the Retirement System.
The Vermont Pension Investment Commission shall designate from time to time a depository for the securities and evidences of indebtedness held in the Fund of the System and may contract for the safekeeping of securities and evidences of indebtedness within and without the State of Vermont in such banks, trust companies, and safe-deposit facilities as it shall from time to time determine. The necessary and incidental expenses of such safekeeping and for service rendered, including advisory services in investment matters, shall be paid from the operation expenses of the System as hereinafter provided. Any agreement for the safekeeping of securities or evidences of indebtedness shall provide for the access to such securities and evidences of indebtedness, except securities loaned pursuant to a securities lending agreement as authorized by subsection (o) of this section, at any time by the custodian or any authorized agent of the State for audit or other purposes.
The Board shall determine the election procedures by which the two employee representatives and employer representative elected by the governing bodies of the System employers who are members of the Board are elected. Elections shall be held to take effect on July 1, 2010, for the first employee representative and employer representative elected by the governing bodies of the System employers and every four years thereafter; and on July 1, 2012, for the second employee representative and employer representative appointed by the Governor and every four years thereafter. The term in office for each elected member of the Board shall be four years. Vacancies of an elected Board member's seat in midterm shall be filled by an individual eligible for election to that seat designated by the remaining members of the Board.
The Vermont Pension Investment Commission may authorize the loan of its securities pursuant to securities lending agreements that provide for collateral consisting of cash or securities issued or guaranteed by the U.S. government or its agencies equal to 100 percent or more of the market value of the loaned securities. Cash collateral may be invested by the lending institution in investments approved by the State Treasurer. Approval of investments shall be made in accordance with the standard of care established by the prudent investor rule under 9 V.S.A. chapter 147.
Added 1973, No. 251 (Adj. Sess.), § 3; amended 1977, No. 205 (Adj. Sess.), § 3; 1985, No. 223 (Adj. Sess.); 1987, No. 92 , § 5, eff. June 23, 1987; 1991, No. 151 (Adj. Sess.), §§ 5, 6; 1995, No. 36 , § 9; 1999, No. 158 (Adj. Sess.), § 25; 2005, No. 50 , § 8; 2007, No. 13 , § 44; 2009, No. 139 (Adj. Sess.), § 8, eff. June 30, 2010; 2013, No. 161 (Adj. Sess.), § 72; 2021, No. 75 , § 8, eff. June 8, 2021.

History

2021. In subsecs. (m) and (o), substituted "Vermont Pension Investment Commission" for "Vermont Pension Investment Committee" in accordance with 2021, No. 75 , § 12.

2014. Subsec. (e): Substituted "chair" for "chairman" in the first sentence in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Amendments--2021. Subsec. (k): Substituted "three-year" for "five-year" preceding "period".

Amendments--2009 (Adj. Sess.) Rewrote subsecs. (a) and (n).

Amendments--2007. Subsecs. (b), (d), (f), (j), and ( l ), : Substituted "fund" for "funds".

Subsec. (m): Substituted "fund" for "various funds" in the first sentence.

Subsec. ( o ): Substituted "investments" for "funds" in the second and third sentences.

Amendments--2005 Subsec. (m): Substituted "Vermont pension investment committee" for "retirement board" in the first sentence.

Subsec. ( o ): Substituted "Vermont pension investment committee" for "retirement board" in the first sentence" and "chapter 147 of Title 9" for "chapter 147 of Title 7" in the last sentence.

Amendments--1999 (Adj. Sess.) Subsec. ( o ): Substituted "may be invested by the lending institution in funds approved by the state treasurer" for "shall be invested in accordance with the requirements for investments of state funds as provided by 32 V.S.A. § 433" in the second sentence and added the third sentence.

Amendments--1995 Subsec. ( o ): Added the second sentence.

Amendments--1991 (Adj. Sess.) Subsec. (m): Inserted "except securities loaned pursuant to a securities lending agreement as authorized by subsection ( o ) of this section" preceding "at any time" in the third sentence.

Subsec. ( o ): Added.

Amendments--1987 Subsec. (c): Added the fifth, sixth, and seventh sentences.

Amendments--1985 (Adj. Sess.) Subsec. (b): Amended generally.

Amendments--1977 (Adj. Sess.) Subsec. (n): Added.

§ 5063. Investments; interest rate; disbursements.

The members of the Vermont Pension Investment Commission established in 3 V.S.A. chapter 17 shall be the trustees of the Fund created by this chapter, and with respect to them may invest and reinvest the assets of the Fund, and hold, purchase, sell, assign, transfer, and dispose of the securities and investments in which the assets of the Fund have been invested and reinvested. Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of capital as well as the probable income to be derived.
From time to time, the Retirement Board shall set the rate or rates of regular interest at such percent rate compounded annually as shall be determined by the Board, such rate to be limited to a minimum of three percent and a maximum of five percent.
The State Treasurer shall be the custodian of the assets of the Fund of the Retirement System. All payments from the Fund shall be made by the Treasurer or by the Deputy Treasurer, with approval of the Retirement Board. A duly attested copy of a resolution of the Retirement Board designating such persons and bearing on its face specimen signatures of such persons shall be filed with the State Treasurer as his or her authority for making payments upon such vouchers.
[Repealed.]
Except as otherwise herein provided, no trustee and no employee of the Retirement Board or Vermont Pension Investment Commission shall have any direct interest in the gains or profits of any investment made by the Commission, nor shall any trustee, member of the Commission, or employee of the Board or Commission, directly or indirectly, for himself or herself or as an agent, in any manner use the same except to make such current and necessary payments as are authorized by the Board or Commission; nor shall any trustee or employee of the Board or Commission become an endorser or surety, or in any manner an obligor, for monies loaned to or borrowed from the Board.
Added 1973, No. 251 (Adj. Sess.), § 3; amended 1981, No. 41 , § 37; 1985, No. 171 (Adj. Sess.), § 5, eff. May 7, 1986; 1987, No. 80 , § 10, eff. June 9, 1987; 1995, No. 118 (Adj. Sess.), § 2; 2005, No. 50 , § 9; 2007, No. 13 , § 45; 2021, No. 75 , § 9, eff. June 8, 2021.

History

2021. In subsec. (a), substituted "Vermont Pension Investment Commission" for "Vermont Pension Investment Committee" in accordance with 2021, No. 75 , § 12.

Amendments--2021. Subsec. (e): Substituted "Commission" for "Committee" throughout the subsection.

Amendments--2007. Subsec. (a): Substituted "fund" for "funds" preceding "created" and "assets of the fund" for "funds" in two places.

Subsec. (c): Substituted "assets of the fund" for "funds" in the first sentence and "the fund" for "such funds" in the second sentence.

Amendments--2005 Subsec. (a): Substituted "Vermont pension investment committee established in chapter 17 of Title 3" for "retirement board" and made a minor change in punctuation in the first sentence.

Subsec. (e): Amended generally.

Amendments--1995 (Adj. Sess.). Amended subsec. (a) generally and repealed subsec. (d).

Amendments--1987 Subdiv. (a)(3): Substituted "fund" for "corporation" preceding "under the terms".

Amendments--1985 (Adj. Sess.) Subdiv. (a)(3): Added.

Amendments--1981 Subdiv. (a)(2): Substituted "70" for "thirty - five" preceding "percent".

§ 5063a. Compliance with federal law.

Intent. The General Assembly intends that the Retirement System and any trusts or custodial accounts established to hold the assets of the Retirement System in accordance with subsection (b) of this section be maintained, in form and operation, so as to maintain the status of the Retirement System as a qualified plan under 26 U.S.C. § 401(a) as amended, and the tax exempt status of such trusts and custodial accounts under 26 U.S.C. § 501(a) , to the extent that those requirements apply to a governmental plan as described in 26 U.S.C. § 414. Notwithstanding any other provision of this chapter to the contrary, this section shall be applicable, administered, and interpreted in a manner consistent with maintaining the tax qualification of the Retirement System as a qualified plan and the tax exempt status of such trusts and custodial accounts under 26 U.S.C. §§ 401(a) and 501(a), respectively.
Exclusive benefit. All assets of the Retirement System shall be held in trust, in one or more custodial accounts treated as trusts in accordance with 26 U.S.C. § 401(f) , or in a combination thereof. Under any trust or custodial account, it shall be impossible at any time prior to the satisfaction of all liabilities with respect to members and their beneficiaries for any part of the corpus or income to be used for or diverted to purposes other than the exclusive benefit of members and their beneficiaries. However, this requirement shall not prohibit:
1. the return of a contribution within six months after the Retirement System determines that the contribution was made by a mistake of fact; or
2. payment of the expenses of the Retirement System.
Vesting on plan termination. In the event of the termination of the Retirement System, the accrued benefits of eligible members shall become fully and immediately vested.
Forfeitures. Service credits forfeited by a member for any reason shall not be applied to increase the benefits of any other member.
Required distributions. Distributions shall begin to be made not later than the member's required beginning date as defined under 26 U.S.C. § 401(a) (9) and shall be made in accordance with all other requirements of that subsection. Benefits shall be paid under the maximum allowance pursuant to this subsection even though the member has not previously applied to receive them. The System shall be deemed to be in compliance with the terms of 26 U.S.C. § 401(a) (9) so long as it is administered under a reasonable good faith interpretation of that subsection.
Limitation on benefits. Benefits shall not be payable to the extent that they exceed the limitations imposed by 26 U.S.C. § 415, as adjusted for increases in the cost of living.
Limitation on compensation. Benefits and contributions shall not be computed with reference to any compensation that exceeds the maximum dollar amount permitted by 26 U.S.C. § 401(a) (17) as adjusted for increases in the cost of living.
Actuarial determination. Whenever the amount of any member's benefit is to be determined on the basis of actuarial assumptions done by a professional actuary, those assumptions shall be specified by resolution, which documentation shall be incorporated in the System by reference. The Board shall also adopt interest and mortality assumptions for the purposes of determining actuarial equivalent benefits under the System. The Board shall adopt assumptions by resolution, which documentation shall be incorporated in the System by reference.
Direct rollovers. An individual withdrawing a distribution from the Retirement System which constitutes an "eligible rollover distribution" within the meaning of 26 U.S.C. § 402, may elect, in the time and manner prescribed by the Retirement Board and after receipt of proper notice, to have any portion of the distribution paid directly to another plan that is qualified under 26 U.S.C. § 401(a) , to an annuity plan described in 26 U.S.C. § 403(a) , to an annuity contract described in 26 U.S.C. § 403(b) , or to an eligible plan described in 26 U.S.C. § 457(b) that is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state and that agrees to account separately for amounts transferred into such plan, or to an individual retirement account or annuity described in 26 U.S.C. § 408(a) or (b), in a direct rollover. For distributions made after December 31, 2009 in accordance with 26 U.S.C. § 402(c) (11), a nonspouse beneficiary who is a designated beneficiary under 26 U.S.C. § 401(a) (9), may establish an individual retirement account into which all or a portion of a death distribution from the Retirement System to which such nonspouse beneficiary is entitled can be transferred directly.
Compliance with the Uniformed Services Employment and Reemployment Rights Act (USERRA). Notwithstanding any provision of law to the contrary, contributions, benefits, and service credits with respect to qualified military service shall be provided under the System in accordance with 26 U.S.C. § 414(u) , unless State law provides more favorable benefits than those required by federal law. The survivors of a member who dies after December 31, 2006 while performing qualified military service shall be entitled to any additional benefits, other than benefit accruals related to the period of qualified military service, that would have been provided under the Plan had the member resumed employment and then terminated employment on account of death.
Consent. An individual who is not a vested member of the System and who has not yet reached the later of normal retirement age or age 62 must consent to any withdrawal of his or her assets of greater than $1,000.00. For individuals who are not vested members of the System and who have reached the later of normal retirement age or age 62, amounts greater than $1,000.00 may be paid out without the individual's consent. In all cases, amounts of $1,000.00 or less may be paid out without the individual's consent.
Rules. The Board may adopt rules to ensure that this chapter complies with federal law requirements.
Added 2007, No. 13 , § 46; amended 2009, No. 24 , § 12; 2015, No. 18 , § 9; 2017, No. 165 (Adj. Sess.), § 26; 2019, No. 14 , § 68, eff. April 30, 2019.

History

Amendments--2019 Subsec. (k): Added subsec. heading.

Subsec. ( l ): Added subsec. heading.

Amendments--2017 (Adj. Sess.). Subsec. (k): Amended generally.

Amendments--2015. Subsecs. (i) and (j): Added the last sentence.

Amendments--2009. Subsec. ( l ): Added.

§ 5064. Funds.

Fund. All of the assets of the Retirement System shall be credited to the Vermont Municipal Retirement Fund.
Member savings. Contributions deducted from the compensation of members together with any member contributions transferred from a predecessor system shall be accumulated in the Fund and separately recorded for each member. Contributions shall be made by Group A members at the rate of three percent of earnable compensation. Contributions shall be made by Group B members at the rate of five percent of earnable compensation. Contributions shall be made by Group C and Group D members at a rate of 11 percent of earnable compensation. Additionally, if an employee remains in Group C and is employed by an employer who elects to revoke its Group C membership in accordance with subsection 5068(f) of this title, the rate established in this subsection will be adjusted. This adjustment shall be determined by subtracting the Group B rate, or if not applicable, the Group A rate determined in subdivision (c)(1) of this section from the Group C rate determined in subdivision (c)(1) of this section.
1. The deductions provided for in this section shall be made notwithstanding that the minimum compensation provided for by law for any member shall be reduced thereby. Every member shall be deemed to consent and agree to the deductions made and provided pursuant to this section and shall receipt for the member's full compensation, and payment of compensation less such deduction shall be a full and complete discharge and acquittance of all claims and demands whatsoever for the services rendered by such person during the period covered by such payment, except as to the benefits provided under this chapter.
2. The contributions of a member and interest as may be allowed thereon which are withdrawn by the member or paid to the member's estate or to the designated beneficiary in event of the member's death, shall be paid from the Fund.
3. The employer shall make one of the following elections:
  1. To make, on behalf of the members, all or any part of contributions required to be made by members under this section. Each of the amounts shall be deducted until the member retires or otherwise withdraws from service, and when deducted shall be paid into the Fund and credited to the individual account of the member from whose compensation the deduction was made.
  2. Pursuant to the provisions of Section 414(h) of the Internal Revenue Code, to pick up and pay the contributions required to be paid by members with respect to service rendered on and after July 1, 1999. Contributions picked up by the municipality under this election shall be designated for all purposes as member contributions, except that they shall be treated as employer contributions in determining tax treatment of a distribution. Each member's compensation shall be reduced by an amount equal to the amount picked up by the municipality. This reduction, however, shall not be used to determine annual earnable compensation for purposes of determining average final compensation. Contributions picked up under this subdivision shall be credited to the Fund.
Employer contributions, earnings, and payments. All employer contributions and all reserves for the payment of all pensions and other benefits, including all interest and dividends earned on the assets of the Retirement System shall be accumulated in the Fund, and all benefits payable under the System and expenses of the System shall be paid from the Fund.
1. On account of each member, an employer shall report earnable compensation and pay annually, in installments as determined by the Board, into the Fund an amount equal to the certain percentage of the annual earnable compensation of such member. Such contribution percentage shall be separately determined for each group of membership within the Retirement System as the sum of "normal contribution rate" for such membership group and its "accrued liability contribution rate," such sum to be reduced by the member contribution rate provided for in subsection (b) of this section.
2. On the basis of the actuarial assumptions and methodology as shall be adopted by the Retirement Board, immediately after making each actuarial valuation, the actuary shall determine the "normal contribution rate" for each group of membership. The product of a membership group's normal contribution rate and its total earnable compensation shall be referred to as that membership group's "normal contribution."
3. In each actuarial valuation, the actuary shall, based on methodology adopted by the Retirement Board, determine the amount of the Fund attributable to each membership group within the Retirement System for valuation purposes. The difference between each membership group's accrued liability and its allocated share of Fund assets as of any valuation date shall be referred to as such membership group's "unfunded accrued liability."
4. For each actuarial valuation completed on or after July 1, 2009, the accrued liability contribution rate shall be computed for each membership group based on the actuarial assumptions and methodology adopted by the Retirement Board as the rate percent of the earnable compensation of the employees in such membership group which, if applied to expected future earnings of current and future employees of such membership group, would be expected to liquidate the membership group's unfunded accrued liability on or before June 30, 2038. The product of a membership group's accrued liability rate and its total earnable compensation shall be referred to as that membership group's "accrued liability contribution."
5. The accrued liability contribution for a separate membership group shall be discontinued, and the unfunded accrued liability for such membership group shall be set equal to zero in the event the assets attributable to such membership group should exceed the accrued liability as determined under the assumptions and methodology approved by the Retirement Board.
6. The Retirement Board shall have performed a separate actuarial valuation for each group entering the System under the provisions of subsection 5054(e) of this title to determine the amount of liability, the deposit required to pay for that liability, and the amount of increased rate of contribution required to pay for the liability not covered by any lump sum deposit, such rate to be calculated by the actuary as the excess, if any, of the accrued liability contribution rate of subdivision (c)(3) of this section determined separately for the group entering the System over such rate for the System, calculated excluding such group. Such additional rate shall be paid by the entering group over a specified period as determined by the Board, not to exceed 30 years. The rate determined as a result of the actuarial calculation under this subdivision shall be paid by each employer entering the System under subsection 5054(e) in addition to the amount paid in accordance with subdivision (4) of this subsection.
Operation expenses. As provided by law, the Board shall certify to the Governor or Governor-Elect an estimated amount required for operation expenses of the System in the next annual or biennial period. The amount so certified shall be included in the budget, with the revenue derived from the Vermont Municipal Retirement Fund, and submitted to the General Assembly.
Remittance of member contributions and employer contributions. Each employer shall remit its employer contributions and the member contributions applicable to its employees in installments as determined by the Board to the State Treasurer.
1. Any payments due which are not received within 30 days after the installment due date set by the Board shall result in a penalty assessment against the employer at the rate of one percent of the amount due for each month calculated from the installment due date, provided that the Board may, in its discretion, waive part or all of said penalty assessment if good cause is shown. The delinquent payments and penalties thereon may be recovered by action in a court of competent jurisdiction against the employer liable therefor or may be deducted by, or at the request of, the State Treasurer from any other monies payable to such employer by the State or any department or agency thereof.
2. All employers shall provide accurate reports. Employers providing inaccurate reports shall be responsible for correcting any deficiencies and shall reimburse the System for any costs incurred by the System as a result of inaccuracy.
3. In the event that an employer willfully files an inaccurate report, in addition to any other penalties provided by law, the employer shall pay the System an administrative penalty of up to 50 percent of the amount that was not accurately reported.
4. The System may enforce the provisions of this section in Washington Superior Court.
5. The Board may, in its discretion, waive part or all of a penalty assessment for good cause shown.
[Repealed.]
Added 1973, No. 251 (Adj. Sess.), § 3; amended 1975, No. 254 (Adj. Sess.), §§ 149-151; 1977, No. 205 (Adj. Sess.), § 4; 1983, No. 128 (Adj. Sess.), § 2; 1985, No. 74 , § 302; 1987, No. 39 , §§ 7, 8, 11; 1989, No. 11 , § 8a; 1991, No. 233 (Adj. Sess.), § 6; 1995, No. 25 , §§ 2, 3; 1999, No. 53 , § 13; 1999, No. 61 , § 4; 1999, No. 158 (Adj. Sess.), §§ 14, 16; 2001, No. 29 , § 11; 2005, No. 44 , § 1; 2005, No. 197 (Adj. Sess.), § 7; 2007, No. 13 , § 47; 2009, No. 24 , § 12a; 2009, No. 139 (Adj. Sess.), § 9.

History

Reference in text. Section 414(h) of the Internal Revenue Code, referred to in subsec. (b)(3)(B), is codified as 26 U.S.C. § 414(h).

Revision note. In subsec. (a), deleted the designation for subdiv. (1) to conform to V.S.A. style.

Amendments--2009 (Adj. Sess.) Subsec. (b): Deleted the former last sentence.

Amendments--2009. Subdiv. (c)(4): Inserted "completed on or after July 1, 2009" following "actuarial valuation", and substituted "June 30, 2038" for "June 30, 2018" in the first sentence.

Amendments--2007. Section amended generally.

Amendments--2005 (Adj. Sess.). Subdiv. (c)(1): Inserted "report earnable compensation and" preceding "pay".

Amendments--2005 Subsec. (b): Substituted "June 30, 2010" for "June 30, 2005" in the sixth sentence of the introductory paragraph.

Amendments--2001. Substituted "over a specified period as determined by the board, not to exceed 30 years" for "over the remaining accrued liability period for the system as established by subdivision (c)(3)" at the end of the first sentence of subdiv. (c)(6).

Amendments--1999 (Adj. Sess.) Subsec. (b): Added the last sentence.

Subdiv. (c)(1): Deleted "quarterly" preceding "installments" and inserted "as determined by the board" thereafter in the first sentence.

Subsec. (e): Substituted "in installments as determined by the board" for "for each calendar quarter" and deleted "within 15 days after the end of a calendar quarter" following "state treasurer" in the first sentence, and substituted "30 days" for "one month", "installment due date set by the board" for "end of the applicable calendar quarter", and "installment due date" for "end of the applicable calendar quarter" in the second sentence.

Amendments--1999 Subsec. (b): Act No. 53 deleted the last sentence of the introductory paragraph, made gender neutral changes in subdivs. (1) and (2), and added subdiv. (3).

Act No. 61 inserted "and group D" in the fourth sentence of the introductory paragraph.

Amendments--1995 Subsec. (b): Deleted "or on behalf of" preceding "group" in the second and third sentences, rewrote the fourth sentence, and added the fifth through seventh sentences of the introductory paragraph.

Subdiv. (c)(1): Deleted the third sentence.

Amendments--1991 (Adj. Sess.) Subsec. (b): Inserted "or on behalf of" preceding "group A" in the second sentence and preceding "group B" in the third sentence, and added the fourth sentence in the introductory paragraph.

Subsec. (c): Deleted "or the state" following "employer" in the introductory paragraph, added "such sum to be reduced by the member contribution rate provided for in subsection (b) of this section" at the end of the second sentence and added the third sentence of subdiv. (1), rewrote the first sentence of subdiv. (2), rewrote subdiv. (3), substituted "for each" for "immediately succeeding the valuation as of July 1, 1987, and for each subsequent" preceding "actuarial valuation" and "membership group's" for "remaining" preceding "unfunded" and made a minor change in punctuation in the first sentence of subdiv. (4).

Amendments--1989 Subdiv. (c)(4): Substituted "on or before" for "by" preceding "June 30, 2018" in the first sentence.

Amendments--1987 Subsec. (b): Substituted "group A members" for "the employee on and after the date of establishment" preceding "the rate" in the second sentence and added the third sentence.

Subsec. (c): Rewrote subdivs. (1)-(5).

Subsec. (f): Repealed.

Amendments--1985 Subsec. (d): Inserted "with the revenue derived from the retirement system trust fund" following "budget" in the second sentence.

Amendments--1983 (Adj. Sess.) Subdiv. (c)(6): Added.

Amendments--1977 (Adj. Sess.) Subsec. (e): Amended generally.

Amendments--1975 (Adj. Sess.) Subdiv. (c)(3): In the first sentence substituted "thirty" for "twenty" years from July 1, 1975.

Subsec. (e): Added "Vermont" preceding "municipal employee's retirement system" in the first sentence and added the second sentence.

Subsec. (f): Added.

Vermont Municipal Employees' Retirement System rates for fiscal years 2019-2022. 2018, No. 165 , § 28 provides: "Notwithstanding the provisions of 24 V.S.A. § 5064(b):

"(1) For the period July 1, 2018 through June 30, 2019, contributions shall be made by:"

"(A) Group A members at the rate of 2.625 percent of earnable compensation;"

'(B) Group B members at the rate of 5.0 percent of earnable compesnation; "

'(C) Group C members at the rate of 10.125 percent of earnable compensation; and"

'(D) Group D members at the rate of 11.475 percent of earnable compensation."

'(2) For the period July 1, 2019 through June 30, 2020, contributions shall be made by: "

'(A) Group A members at the rate of 2.75 percent of earnable compesnation;"

'(B) Group B members at the rate of 5.125 percent of earnable compensation;"

'(C) Group C membrs at the rate of 10.25 percent of earnable compensation; and "

'(D) Group D members at the rate of 11.6 percent of earnable compensation."

'(3) For the period July 1, 2020, through June 30, 2021, contributions shall be made by:"

'(A) Group A members at the rate of 3.0 percent of earnable compensation;"

'(B) Group B members at the rate of 5.375 percent of earnable compensation; "

'(C) Group C members at the rate of 10.5 percent of earnable compensation; and "

'(D) Group D members at the rate of 11.85 percent of earnable compensation."

'(4) For the period July 1, 2021 through June 20, 2022, contributions shall be made by: "

'(A) Group A members at the rate of 3.24 percent of earnable compensation;"

'(B) Group B members at the rate of 5.625 percent of earnable compensation; "

'(C) Group C members at the rate of 10.75 percent of earnable compensation; and"

'(D) Group D members at the rate of 12.1 percent of earnable compensation."

§ 5065. Errors.

Should any change or error in the records result in any member or beneficiary receiving from the Retirement System more or less than he or she would have been entitled to receive had the records been correct, the Retirement Board shall have the power to correct such error, and to adjust as far as practicable the payments in such a manner that the actuarial equivalent of the benefit to which such member or beneficiary was correctly entitled shall be paid or in such a manner that the impact upon the Fund is de minimis.

Added 1973, No. 251 (Adj. Sess.), § 3; amended 2017, No. 165 (Adj. Sess.), § 27.

History

Amendments--2017 (Adj. Sess.). Inserted "or in such a manner that the impact upon the fund is de minimis" following "paid" at the end.

§ 5066. Exemption of member's interest; assignment.

That portion of the salary or wages of a member deducted or to be deducted under this chapter, the right of a member to an annuity, pension, or retirement allowance hereunder, and all the member's rights in the assets of the Retirement System, shall be exempt from taxation, except income tax, and from the operation of any laws relating to bankruptcy or insolvency, and shall not be attached or taken upon execution or other process of any court. No assignment by a member of any part of the assets to which the member is or may be entitled, or of any right to or interest in those assets, shall be valid, except to the extent permitted by this chapter.

Added 1973, No. 251 (Adj. Sess.), § 3; amended 2007, No. 13 , § 48.

History

Amendments--2007. Substituted "the member's" for "his" and "assets" for "funds" in the first sentence, and substituted "the assets" for "such funds", "the member" for "he", and "those assets" for "such funds" in the second sentence.

§ 5066a. Alternate payee; domestic relations orders.

As used in this section:
1. "Alternate payee" means any individual who is recognized by a domestic relations order as having a right to receive all, or a portion of, another individual's payment rights in the System.
2. "Domestic relations order" means a judgment, decree, or order of the Family Division of the Superior Court issued pursuant to 4 V.S.A. chapter 10, concerning marital property rights that includes a transfer of all, or a portion of, a member's or beneficiary's payment rights in the System to an alternate payee. It also means a judgment, decree, or order from a court of competent jurisdiction in another state, concerning marital property rights that includes a transfer of all, or a portion of, a member's or beneficiary's payment rights in the System to an alternate payee. Domestic relations orders shall conform to the requirements of this section in order to be effective. A domestic relations order does not take effect until it is served on the System by certified or registered mail, return receipt requested. In the event that there is more than one domestic relations order, the order which is most recent in time and which has been served on the System will control.
A member's or beneficiary's rights in the Retirement System may be modified by a domestic relations order as provided in this section.
A domestic relations order shall contain all of the following elements:
1. the identity of the member or beneficiary and the alternate payee by full name, current address, and Social Security number;
2. the amount or percentage of the member's or beneficiary's benefits to be paid by the Board to the alternate payee and the date or dates upon which the calculation of payments is to be based;
3. the number of payments or time period in which payments are required to be made under the domestic relations order; and
4. each retirement plan to which the domestic relations order applies.
A domestic relations order shall not provide:
1. for a type or form of benefit, option, or payment not available to the affected member or beneficiary;
2. for an amount or duration of payment greater than that available to the affected member or beneficiary;
3. that payment of a retirement allowance commence before the member departs from service and commences to receive benefits;
4. withdrawal of the member's contributions without the consent of the member and the alternate payee; or
5. any requirements that are contrary to the intent of this section.
A domestic relations order may provide for apportionment of post-retirement adjustments to the retirement allowance.
Payments to the alternate payee under a domestic relations order shall be limited to the life of the member or beneficiary.
An alternate payee's rights and interests under this section shall not survive the alternate payee's death and shall not be transferable by inheritance.
An alternate payee's rights or interests acquired pursuant to this section are not subject to assignment, execution, garnishment, attachment, or other process. An alternate payee's rights or interests may be modified only by a domestic relations order amending the domestic relations order that established the right or interest.
The Board, the System, its agents, and employees shall not be liable to any person for carrying out the terms and conditions of a domestic relations order.
The Board may adopt rules to implement this section.
Added 1995, No. 36 , § 10; amended 2009, No. 154 (Adj. Sess.), § 238.

History

Amendments--2009 (Adj. Sess.) Subdiv. (a)(2): Substituted "family division of the superior court" for "family court."

§ 5067. Postretirement adjustments to retirement allowances.

For members, as of June 30 in each year, commencing June 30, 1987, a determination shall be made of the increase, to the nearest one-tenth of a percent of the Consumer Price Index for the preceding fiscal year. The retirement allowance of each beneficiary in receipt of an allowance for at least one year on the next following December 31 shall be increased by an amount equal to one-half of the percentage increase. The increase shall commence on the January 1 immediately following such December 31. The adjustment shall apply to members of the Group A, B, or D plans receiving an early retirement allowance only in the year following attainment of normal retirement age, provided the member has received benefits for at least 12 months as of December 31 of the year preceding any January adjustment. The maximum adjustment of any retirement allowance resulting from any such determination shall be two percent for Group A members and three percent for Group B, C, and D members, and no retirement allowance shall be reduced below the amount payable to the beneficiary without regard to the provisions of this section.
For purposes of this section, Consumer Price Index shall mean the Northeast Region Consumer Price Index for all urban consumers, designated as "CPI-U," in the northeast region, as published by the U.S. Department of Labor, Bureau of Labor Statistics.
No adjustment shall be made pursuant to this section in a deferred vested allowance payable pursuant to subsection 5059(a) of this title prior to its commencement.
For all members of Group A and Group B, who have retired prior to July 1, 1987, there is hereby granted on July 1, 1989 a cost of living adjustment to each member's retirement allowance equal to two percent for each year of retirement prior to July 1, 1987 but not to exceed a total adjustment greater than ten percent.
No adjustment shall be made pursuant to this section in January if the Consumer Price Index as of the previous June 30th is a negative rate.
Added 1987, No. 39 , § 9; amended 1989, No. 11 , § 9; 1991, No. 233 (Adj. Sess.), § 7; 1999, No. 61 , § 5; 2005, No. 197 (Adj. Sess.), § 8; 2009, No. 139 (Adj. Sess.), § 10a; 2011, No. 63 , § H.3.

History

Amendments--2011. Section heading: Substituted "Postretirement" for "Cost of living" and added "to retirement allowances".

Subsec. (b): Inserted "Northeast Region" preceding "Consumer" and "in the northeast region" preceding "as published".

Amendments--2009 (Adj. Sess.) Deleted "or decrease" following "increase" and "or decreased, as the case may be" following "increased" wherever it appeared in subsec. (a) and added subsec. (e).

Amendments--2005 (Adj. Sess.). Subsec. (a): Substituted "31" for "31st" following "December" in two places and "1" for "1st" following "January"; inserted "of the group A, B, or D plans" following "members" and substituted "normal retirement age" for "age 62" following "attainment of" in the third sentence.

Amendments--1999. Subsec. (a): Substituted "group B, C and D members" for "group B and C members" in the last sentence.

Amendments--1991 (Adj. Sess.) Subsec. (a): In the fifth sentence, inserted "and C" following "group B".

Amendments--1989 Subsec. (d): Added.

§ 5068. Election.

Subject to the provisions of subsections (b) and (c) of this section, all employees shall be members of Group A, unless an election to become a member of Group B, C, or D is made pursuant to this section or, in the case of Group B or C, unless a collective bargaining agreement negotiated pursuant to 21 V.S.A. chapter 22 so specifies.
On or before September 30 of any year, the legislative body of a municipality may designate groups of employees eligible to become members of Group B or C. Such designation may apply to all eligible employees or to one or more of the following groups of employees:
1. sworn police officers appointed under chapter 55 of this title or a comparable provision of a municipal charter;
2. firefighters and officers of fire departments appointed under chapter 57 of this title or a comparable provision of a municipal charter;
3. other groups of employees that have a similarity of interests, needs, and general conditions of employment, as determined by the legislative body.
On or before September 30 of any year, the legislative body of a municipality may designate groups of employees eligible to become members of Group D. The designation may apply to one or more of the following groups of employees:
1. sworn police officers appointed under chapter 55 of this title or a comparable provision of a municipal charter;
2. firefighters and officers of fire departments appointed under chapter 57 of this title or a comparable provision of a municipal charter;
3. emergency medical personnel as defined in 24 V.S.A. § 2651 .
On or before any December 31 following a designation under subsection (b) or (c) of this section, individual employees so choosing shall become members of Group B, C, or D effective the July 1 immediately following, and all employees subsequently hired into that designated group shall become members of the group designated. However, for employees making such an election on or after December 31, 1993, unless such an election shall be made on the December 31 immediately following the designation made pursuant to subsection (b) or (c) of this section, a member must complete three years of creditable service as a member of the group designated in subsection (b) or (c) of this section to be eligible to retire as a member of that group.
The designation by the legislative body or the municipality, as appropriate, an election to become members of Group B, C, or D, or entry into Group B or C pursuant to a collective bargaining agreement, shall be irrevocable and shall apply so long as the employee remains in the designated employee group, except that a designation and election to Group B may be superseded by similar actions allowing participation in Group C and that a designation and election to Group B or C may be superseded by similar actions allowing participation in Group D.
Upon written request from the legislative body, the Board may waive the requirements that the actions required in subsections (b), (c), and (d) of this section be completed by the dates specified, if it determines that all membership enrollment requirements can be completed in time for membership to be effective on July 1.
Any employer who is a member of Group C as of June 30, 1995 may revoke Group C membership during the period that begins on July 1, 1995 and ends on March 31, 1996. Any employee who is a member of Group C as of June 30, 1995 may revoke Group C membership during the period that begins on July 1, 1995 and ends on June 30, 1996. If no election is made during these periods, Group C will be the designated group. An election under this subsection is irrevocable.
1. Any employee may retain Group C membership regardless of the employer's election.
2. An employee or employer who revokes Group C membership shall return to the group of membership just prior to becoming a Group C member, provided that an employee or employer who was a member of Group A prior to becoming a Group C member may elect to return to Group A or become a member of Group B, if offered by the employer. In the absence of a prior group, any group offered by the employer shall be the designated group.
3. Any employee who elects to revoke Group C membership under this subsection shall be entitled to a refund. The refund shall be an amount equal to the contributions made as a Group C member under subsection (b) of section 5064 of this title in excess of the contribution the member would have made had he or she not transferred to Group C, plus the accumulated interest.
4. The procedure for election under this subsection shall be established by the Board. The Board shall establish the date of election, and provide all members with at least 30-days' advance notice of the election together with a general written explanation of the election and its consequences, including an individual comparison of projected benefits at no cost to the member.
  Added 1987, No. 39 , § 10; amended 1991, No. 233 (Adj. Sess.), § 8, eff. May 28, 1992; 1995, No. 25 , § 4; 1999, No. 61 , § 6; 2005, No. 197 (Adj. Sess.), § 9; 2019, No. 25 , § 3, eff. May 16, 2019.

History

2019. In subdiv. (c)(3), substituted "24 V.S.A. § 2651" for "18 V.S.A. § 902(6)" to correct an error in the cross-reference.

Amendments--2019 Subsec. (a): Substituted "subsections (b) and (c)" for "subsection (c)", inserted "21 V.S.A." preceding "chapter 22", and deleted "of Title 21".

Amendments--2005 (Adj. Sess.). Subsec. (c): Substituted "the legislative body of a municipality" for "a municipality, at an annual or special meeting warned for the purpose" following "any year" and "The" for "Such" preceding "designation".

Amendments--1999 Amended subsec. (a) generally, added new subsec. (c), redesignated former subsecs. (c)-(f) as present subsecs. (d)-(g), and amended present subsecs. (d)-(f) generally.

Amendments--1995 Subsec. (f): Added.

Amendments--1991 (Adj. Sess.) Subsec. (a): Inserted "or C" following "group B".

Subsec. (b): Inserted "or C" following "group B" in the first sentence of the introductory paragraph, added "or a comparable provision of a municipal charter" following "this title" in subdivs. (1) and (2), and substituted "firefighters" for "firemen" preceding "and officers" in subdiv. (2).

Subsec. (c): Inserted "any" preceding "December 31" and deleted "of the year" thereafter, inserted "or C" preceding "effective" in the first sentence and substituted "the group designated" for "group B" at the end of that sentence, and added the second sentence.

Subsec. (d): Inserted "or C" preceding "or entry" and preceding "pursuant" and added "except that a designation and election to group B may be superseded by similar actions allowing participation in group C" following "employee group".

Subsec. (e): Added.

Applicability--1995 amendment. 1995, No. 25 , § 5, provided that an election to revoke Group C membership under subsec. (f) of this section shall affect contributions made on and after July 1, 1995.

§ 5069. Insurance.

The Board may enter into insurance arrangements to provide health and medical benefits for retired members and their dependents. The Board may enter into insurance arrangements to provide dental coverage for retired members and their dependents, provided the municipalities or the System has no legal obligation to pay any portion of the dental benefit premiums.
The Board may, to the extent that it may be funded as described in this subsection, establish an uninsured program for the reimbursement of certain health care costs of retired members and their dependents pursuant to the following:
1. Benefits under an uninsured program shall be funded by redirecting a portion of contributions from employers. Employer contributions shall only be so redirected to the extent that those contributions offset an existing actuarially determined surplus with respect to the actuarial cost method and funding adopted by the Board. The Board may establish a trust to hold and invest employer contributions and to pay the benefits and administrative expenses of the program. The benefits or administrative expenses of this program shall not be paid from the Annuity Fund, the Pension Fund, or the Expense Fund.
2. The Board shall have the discretion to determine the method for allocating the fund balance to retired members; provided, however, that the aggregate benefits payable under this program may not exceed the aggregate contributions made by employers and earnings, if any, on those contributions. Prior to July 1 of each year, the Board shall notify each retired member of the amount available for reimbursement over the succeeding 12 months and the procedures by which the retired member or dependent may request reimbursement.
3. Retired members and their dependents shall be required to provide substantiation of their health care expense claims to the extent required by the Internal Revenue Service for tax-favored treatment of their reimbursements. The Board may enter into an agreement with a third party administrator to process the expense claims of retired members and their dependents.
As an alternative to providing health care insurance, the Board, in its discretion, may assist retired members of the System with the cost of health care by authorizing payment of a health care stipend to retired members in an amount to be determined by the Board. In the event the Board determines to provide such a stipend, it shall annually review the stipend, in consultation with the actuary designated pursuant to subsection 5062(j) of this title, and determine whether to continue to provide the stipend and the amount to be paid. If authorized by the Board, a stipend shall be paid in 12 monthly installments commencing on July 1 of that year.
Added 1991, No. 233 (Adj. Sess.), § 9; amended 1999, No. 158 (Adj. Sess.), § 15; 2005, No. 197 (Adj. Sess.), § 10; 2009, No. 24 , § 13.

History

Reference in text. 2007. The Internal Revenue Service, referred to in subdiv. (b)(3), is codified as 26 U.S.C. § 1 et seq.

2007. In subsec. (c), substituted "subsection 5062(j)" for "subsection 5052(j)" to correct an error in the reference.

Amendments--2009. Subsec. (a): Added the second sentence.

Amendments--2005 (Adj. Sess.). Added subsec. (b) and redesignated former subsec. (b) as present subsec. (c).

Amendments--1999 (Adj. Sess.) Designated the existing provisions of the section as subsec. (a) and added subsec. (b).

§ 5070. Defined contribution retirement plan.

The Board may approve a defined contribution retirement plan for one or more groups of members. The plan shall qualify as a defined contribution plan under the U.S. Internal Revenue Code, as amended. Participation in a defined contribution plan offered under this section shall be in lieu of participation in any other plan established under this title. The Board shall ensure that objective educational material be prepared and presented to the employees in order to enable them to make an informed decision, under the assumption that each participant is an unsophisticated investor.
The proper authority or officer responsible for making up each employer payroll shall certify to the Board the amounts deducted on each and every payroll for employees participating in the defined contribution plan, and each of those amounts shall be paid into the defined contribution fund and credited to the individual account of the member from whose compensation the deduction was made.
1. Employer reports and corresponding member contributions required by this subsection shall be provided by the due date established by the Board. An employer that provides reports or remits contributions, which are more than 30 days delinquent, may be assessed a delinquent reporting fee of one percent of the amount that should have been reported and remitted for each month, or prorated portion of a month, that the report or contributions are delinquent.
2. Employers shall provide accurate reports. An employer who provides an inaccurate report shall be responsible for correcting any deficiencies and shall reimburse the System for any costs incurred by the System as a result of inaccuracy.
3. In the event that an employer willfully files an inaccurate report, in addition to any other penalties provided by law, the employer shall pay the System an administrative penalty of up to 50 percent of the amount that was not accurately reported.
4. The System may enforce the provisions of this subsection in Washington Superior Court.
5. The Board may, in its discretion, waive part or all of a penalty assessment for good cause shown.
  Added 1999, No. 53 , § 14; amended 2007, No. 13 , § 49.

History

Reference in text. The U.S. Internal Revenue Code, referred to in this section, is codified as 26 U.S.C. § 1 et seq.

Amendments--2007. Added the subsec. (a) designation and subsec. (b).

CHAPTER 126. PUBLIC TRANSPORTATION

SUBCHAPTER 1. PUBLIC TRANSPORTATION POLICY

SUBCHAPTER 2. PUBLIC TRANSIT

Cross References

Cross references. Mass transit authorities, see chapter 127 of this title.

Regulation of railroads, see § 3720 of Title 5.

Subchapter 1. Public Transportation Policy

§ 5081. Definition.

As used in this subchapter:

"Public transportation" means the transportation of persons, including groups of the general public with special needs, by all means available to the general public.

Added 1989, No. 262 (Adj. Sess.).

§ 5082. Findings and declarations.

Public transportation is an important matter of State concern, essential to the economic growth of the State and to the public health, safety, and welfare of present and future generations of Vermonters.
In each fiscal year, a portion of the Transportation Fund shall be dedicated to the continued support of public transit.
Added 1989, No. 262 (Adj. Sess.); amended 2001, No. 141 (Adj. Sess.), § 14, eff. June 21, 2002.

History

Amendments--2001 (Adj. Sess.) Added the subsec. (a) designation, and added subsec. (b).

§ 5083. Declaration of policy.

It shall be the State's policy to make maximum use of available federal funds for the support of public transportation. State operating support funds shall be included in Agency operating budgets to the extent that funds are available. State policy shall support the maintenance of existing public transit services and creation of new services including the following goals:
1. Provision for basic mobility for transit-dependent persons, as defined in the current public transit policy plan, including meeting the performance standards for urban, suburban, and rural areas. The density of a service area's population is an important factor in determining whether the service offered is fixed route, demand-response, or volunteer drivers.
2. Expanding public transit service in rural areas and increasing ridership statewide.
3. Access to employment, including creation of demand-response service.
4. Congestion mitigation to preserve air quality, decrease greenhouse gas emissions, and sustain the highway network.
5. Advancement of economic development objectives, including services for workers and visitors that support the travel and tourism industry. Applicants for "new starts" in this service sector shall demonstrate a high level of locally derived income for operating costs from fare-box recovery, contract income, or other income.
The Agency of Transportation shall evaluate proposals for new public transit service submitted by providers in response to a notice of funding availability, by examining feasibility studies submitted by providers. The feasibility studies shall address criteria set forth in the most recent public transit policy plan.
The Agency, in cooperation with the Public Transit Advisory Council, shall adopt appropriate performance and service standards for transit systems receiving federal or State assistance. The Agency of Transportation shall provide guidance, training, funding, and technical assistance to transit systems in order to meet the performance and service standards established.
The Agency of Transportation shall provide written guidance, funding, and technical assistance in the preparation of financial and management plans for public transit systems for each fiscal year. To provide a foundation for financial stability and reliability in the provision of transportation services to the public, the Agency of Transportation shall, in cooperation with the Public Transit Advisory Council, establish both short and long-range fiscal, operating, and capital investment plans to support the goals outlined in this section and regional transportation development plan proposals and regional plans as required by section 5089 of this title.
Added 1989, No. 262 (Adj. Sess.); amended 1993, No. 211 (Adj. Sess.), § 21, eff. June 17, 1994; 1999, No. 156 (Adj. Sess.), § 18, eff. May 29, 2000; 2003, No. 56 , § 37, eff. June 4, 2003; 2011, No. 153 (Adj. Sess.), § 32; 2019, No. 59 , § 18.

History

Amendments--2019. Deleted ", in order of precedence," in the introductory paragraph of subsec. (a), inserted "current" and deleted "of January 15, 2000" in the first sentence of subdiv. (a)(1), added subdiv. (a)(2), redesignated former subdivs. (a)(2) through (a)(4) as present subdivs. (a)(3) through (a)(5), inserted ", decrease greenhouse gas emissions," and substituted "sustain" for "the sustainability of" in subdiv. (a)(4).

Amendments--2011 (Adj. Sess.). Rewrote subsec. (b).

Amendments--2003. Section amended generally.

Amendments--1999 (Adj. Sess.) Section amended generally.

Amendments--1993 (Adj. Sess.) Subdiv. (3): Repealed.

§ 5084. Public Transit Advisory Council.

The Public Transit Advisory Council shall be created by the Secretary of Transportation under 19 V.S.A. § 7(f)(5) , to consist of the following members:
1. the Secretary of Transportation or designee;
2. three representatives of the Vermont Public Transportation Association;
3. a representative of the Green Mountain Transit Authority;
4. the Secretary of Human Services or designee;
5. the Commissioner of Labor or designee;
6. the Secretary of Commerce and Community Development or designee;
7. a representative of the Vermont Center for Independent Living;
8. a representative of the Community of Vermont Elders;
9. a representative of private bus operators and taxi services;
10. a representative of Vermont intercity bus operators;
11. a representative of the Vermont Association of Planning and Development Agencies;
12. a representative of the Vermont League of Cities and Towns;
13. a citizen appointed by the Governor;
14. a member of the Senate, appointed by the Committee on Committees; and
15. a member of the House of Representatives, appointed by the Speaker.
The Advisory Council shall be chaired by the Secretary of Transportation or designee.
The Advisory Council shall meet no less than four times during each State fiscal year, excluding subcommittee meetings. The legislative members of the Council shall be entitled to compensation and expenses as provided in 2 V.S.A. § 406 . Members who are not State employees shall receive reimbursement of expenses and a per diem as provided in 32 V.S.A. § 1010 .
The Advisory Council shall serve as an advisory group to the Agency of Transportation on all matters relating to public transit service as defined in section 5088 of this title.
[Repealed.]
Added 1999, No. 156 (Adj. Sess.), § 17, eff. May 29, 2000; amended 2003, No. 56 , § 38, eff. June 4, 2003; 2003, No. 160 (Adj. Sess.), § 50, eff. June 9, 2004; 2011, No. 62 , § 32; 2017, No. 158 (Adj. Sess.), § 23, eff. May 21, 2018.

History

Amendments--2017 (Adj. Sess.). Subdiv. (a)(3): Substituted "Green Mountain Transit Authority" for "Chittenden County Transportation Authority".

Amendments--2011. Subsec. (a): Amended generally.

Amendments--2003 (Adj. Sess.). Subsec. (e): Repealed.

Amendments--2003. Subsec. (c): Substituted "four" for "six" preceding "times" and "during each state fiscal year" for "a" preceding "year,".

Subsec. (d): Substituted "transit service as defined in section 5088 of this title" for "transportation" at the end of the sentence.

Subchapter 2. Public Transit

§ 5088. Definitions.

As used in this subchapter:

"Fixed route service" means a public transit service operated over a set route or network of routes on a regular schedule.
"New public transit service" means any eligible public transit service not previously provided.
"Nonprofit public transit system" means a domestic corporation organized in accordance with Title 11B having the majority of its governing board appointed by the legislative body of the municipality or municipalities served, and a function of providing a public transit service or a foreign nonprofit corporation located in a state which borders Vermont and provides public transit services in both Vermont and the bordering state.
"Paratransit" means transportation services, provided through flexible scheduling or routing in small vehicles, such as ride-matching, dial-a-ride, jitney, subscription, and route-deviated bus services.
A "public transit service" means any fixed route, paratransit, transportation brokerage, user-side subsidy, and or rideshare/ride-match program which is available to any person upon payment of the proper fare, and which is promoted to be available to all members of the public, including those with special needs.
A "public transit system" means:
1. a transportation authority as provided by 24 App. V.S.A. chapter 801;
2. a transit authority or transit district as provided by chapter 127 of this title;
3. any municipal transit system, or any nonprofit public transit system;
4. a local chapter of the American National Red Cross created by Congress under 36 U.S.C. chapter 3001 that provides public transit service; or
5. an intercity bus carrier.
[Repealed.]
"Transportation brokerage" means matching the most appropriate services and providers to individual markets.
"User-side subsidy" means a direct subsidy to users which allows them to select the service they prefer.
Added 1989, No. 262 (Adj. Sess.); amended 1991, No. 50 , § 253a; 1993, No. 211 (Adj. Sess.), § 16, eff. June 17, 1994; 1995, No. 60 , § 28, eff. April 25, 1995; 2001, No. 64 , § 17, eff. June 16, 2001; 2009, No. 123 (Adj. Sess.), § 47(1).

History

2019. In subdiv. (3), substituted "Title 11B" for "11 V.S.A. chapter 19"; in subdivision (6)(A), substituted "24 App. V.S.A. chapter 801" for "No. 122 of the Acts of 1973"; and in subdivision (6)(C) substituted "36 U.S.C. chapter 3001" for "36 U.S.C. § 1 et seq." to correct errors in the cross-references.

Amendments--2009 (Adj. Sess.) Subdiv. (7): Repealed.

Amendments--2001. Deleted the former subdiv. (2); redesignated the former subdivs. (3)-(8) as (2)-(7), substituted "ride-sharing" for "ridesharing", and deleted "airport limousine" preceding "subscription and route-deviated" in subdiv. (4); substituted "rideshare/ride-match" for "ride-referral/ride-match" in subdiv. (5); deleted "24 V.S.A." preceding "chapter 127" in subdiv. (6)(B) and inserted "of this title" thereafter; inserted "or" at the end of subdiv. (6)(D); added subdiv. (6)(E); deleted the former subdiv. (9); and redesignated the former subdivs. (10) and (11) as (8) and (9).

Amendments--1995 Subdiv. (7): Made a minor change in punctuation in subdiv. (C) and added subdiv. (D).

Amendments--1993 (Adj. Sess.) Amended subdivs. (1), (2), and (8) generally.

Amendments--1991 Subdiv. (4): Added "or a foreign nonprofit corporation located in a state which borders Vermont and provides public transit services in both Vermont and bordering state" at the end of the subdiv.

§ 5089. Planning.

The Agency of Transportation's Public Transit Plan for the State shall be amended no less frequently than every five years. The development of the State Public Transit Plan shall include consultation with public transit providers, the metropolitan planning organization, and the regional planning commissions and their transportation advisory committees to ensure the integration of transit planning with the transportation planning initiative as well as conformance with chapter 117 of this title (municipal and regional planning and development). Regional plans, together with the Agency of Transportation's Public Transit Plan shall function to coordinate the provision of public, private nonprofit, and private for-profit regional public transit services, in order to ensure effective local, regional, and statewide delivery of services.
Recognizing that the growing demand for new regional and commuter services must be considered within the context of the continuing need for local transit services that meet basic mobility needs, the Agency of Transportation shall consult annually with the regional planning commissions and public transit providers in advance of the award of available planning funds. The Agency shall maintain a working list of both short- and long-term planning needs, goals, and objectives that balances the needs for regional service with the need for local service. Available planning funds shall be awarded in accordance with State and federal law and as deemed necessary and appropriate by the Agency following consultation with the regional planning commissions and the public transit providers.
Added 1989, No. 262 (Adj. Sess.); amended 1993, No. 211 (Adj. Sess.), § 17, eff. June 17, 1994; 2001, No. 64 , § 18, eff. June 16, 2001; 2009, No. 50 , § 73; 2011, No. 62 , § 33.

History

Amendments--2011. Subsec. (b): Deleted the former last sentence.

Amendments--2009. Amended generally.

Amendments--2001. Subsec. (c): Substituted "five" for "two" preceding "years", deleted "24 V.S.A." preceding "chapter 117" and inserted "of this title" thereafter.

Amendments--1993 (Adj. Sess.) Section amended generally.

Cross References

Cross references. Preparation of transportation element of regional plan, see § 4348a of this title.

§ 5090. Human service transit.

The Secretary of Human Services shall direct Agency of Human Services programs to purchase client transportation through public transit systems in all instances where public transit services are appropriate to client needs and as cost-efficient as other transportation.

Added 1989, No. 262 (Adj. Sess.); amended 1993, No. 211 (Adj. Sess.), § 18, eff. June 17, 1994.

History

Amendments--1993 (Adj. Sess.) Inserted "of human services" following "agency of" and deleted "or wherever consistent with regional transportation development plans" following "other transportation".

§ 5091. Funding.

The Secretary of Transportation, within the annual budget setting process, shall meet with the Public Transit Advisory Council and representatives of public transit systems to establish the level of State funds needed by public transit systems in Vermont, and shall consider this level in formulating the Agency of Transportation's proposed Transportation Program.
State funds authorized by the General Assembly as grant assistance for the operation of public transit services shall be eligible for use as a matching source for federal funds.
The same fiscal accountability requirements and regulatory standards shall apply to all grantees of funds as provided by rule of the Secretary of Transportation.
Rideshare, capital, contracted services, and transportation brokerage services are not to be considered as operating funds under this section.
State funds shall be paid to eligible grantees as follows:
1. the first payment of 50 percent of the estimated annual fiscal year total shall be paid immediately upon execution of the grant;
2. subsequent payments shall be paid quarterly based on projected need determined by current fiscal year spending and availability of funds;
3. additional payments, if necessary, shall occur only if actual costs exceed the previous payments and if funds are available.
[Repealed.]
Monies which are in excess of the grantee's net project cost shall be returned to the Agency of Transportation within 30 days of the Agency's acceptance of the post-project audit.
Applicants for State funding shall meet the requirements of federal laws and regulations relating to fiscal accountability and accessibility by persons with a disability.
The Agency of Transportation shall distribute State and federal funds to public transit systems through an annual competitive program that implements the public transportation policy goals set forth in section 5083 of this title and 19 V.S.A. § 10f .
Notwithstanding subsection (i) of this section, and to the extent that appropriated funds are available, no provider who is otherwise eligible shall receive a lesser amount of operating funds than it expended on eligible operating expenses in State fiscal year 2001 for services that remain ongoing, and provided that the amount shall be evaluated as necessary to address changes in the cost of providing the services. In the event that a provider merges with or is otherwise succeeded by another provider, the successor provider shall be entitled to the same protection under this subsection that would have been available to the superseded provider.
Eligibility for an intercity bus carrier is limited to capital and operating assistance for routes which have not demonstrated economic viability. The Agency of Transportation is directed to develop procedures and criteria by December 31, 2001 to administer this subsection. Funding shall be appropriated and distributed outside the funding formula of subsection (i) of this section.
State operating assistance appropriated for projects coming off new public transit service funding in fiscal year 2002 shall not be distributed pursuant to the formula in subsection (i) of this section, but shall be added to the eligible grantees' funding under subsection (j) of this section to the extent that they meet criteria for successful evaluation at the end of 2002.
Any new State operating assistance appropriated to replace new public transit service funds for routes that have successfully met the evaluation criteria after State fiscal year 2002 shall not be distributed pursuant to the formula in subsection (i) of this section, but shall be added to the eligible grantees' funding under subsection (j) of this section.
Added 1989, No. 262 (Adj. Sess.); amended 1991, No. 175 (Adj. Sess.), § 21, eff. May 15, 1992; 1993, No. 61 , § 28, eff. June 3, 1993; 1993, No. 211 (Adj. Sess.), §§ 19, 21, eff. June 17, 1994; 2001, No. 64 , § 19, eff. June 16, 2001; 2003, No. 56 , § 39, eff. June 4, 2003; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2009, No. 123 (Adj. Sess.), § 47(2); 2013, No. 96 (Adj. Sess.), § 163; 2017, No. 38 , § 17; 2019, No. 59 , § 19.

History

Amendments--2019. Subsec. (i): Rewrote the introductory paragraph, and repealed subdivs. (i)(1) through (i)(4).

Amendments--2017. Subsec. (a): Substituted "proposed Transportation Program" for "State Budget request".

Subsec. (b): Substituted "General Assembly" for "Legislature".

Subsec. (e): Rewrote the subsec. and added subdivs. (1)-(3).

Amendments--2013 (Adj. Sess.). Subsec. (h): Substituted "persons with a disability" for "the disabled" at the end.

Subdiv. (i)(1)(A): Substituted "State's population of elders" for "state's elderly population" following "percentage of the" and "age" for "aged" following "persons".

Subdiv. (i)(1)(B): Substituted "ages" for "aged" following "persons".

Subdiv. (i)(1)(C): Substituted "State's population of people who have limited physical mobility" for "state's mobility limited population" following "percentage of the".

Subdiv. (i)(1)(D): Substituted "State's population of people who are" for "state's population" following "percentage of the".

Amendments--2009 (Adj. Sess.) Subsec. (f): Repealed.

Amendments--2005 (Adj. Sess.). Subsec. (i): Pursuant to the general amendment in Act 103, § 3, substituted "department of labor" for "department of labor and industry" in subdivs. (2) and (4).

Amendments--2003. Subsec. (i): Added "and 19 V.S.A. § 10f," preceding "the agency" and "to public transit systems" at the end of the sentence.

Subdiv. (i)(1): Repealed.

Amendments--2001. Inserted "the public transit advisory council and" in subsec. (a), redesignated the former last sentence of subsec. (d) as subsec. (d), inserted "Rideshare, capital, contracted services" at the beginning of subsec. (d), deleted former subsecs. (e) and (f), redesignated former subsecs. (g)-(j) as present subsecs. (e)-(h), and added subsecs. (i)-(m).

Amendments--1993 (Adj. Sess.) Subsec. (d): Act No. 211, § 19 inserted "or federal law" following "section" and "or federal funds" preceding "to public" in the introductory paragraph and added "and except to the extent that total funding may decrease, no public transit system shall receive more than a 10 percent reduction from its prior fiscal year funding level" following "above" in the first sentence, and added the second sentence of the last paragraph.

Subsec. (f): Amended generally by Act No. 211, § 19.

Subsec. (h): Amended generally by Act No. 211, § 19.

Repealed by Act No. 211, § 21.

Subsec. (i): Act No. 211, § 19 substituted "net project deficit" for "demonstrable need" following "grantee's", "agency of transportation" for "state" following "returned to the", and "agency's" for "state's" preceding "acceptance".

Amendments--1993 Subsec. (b): Inserted "the operation of" following "assistance for".

Amendments--1991 (Adj. Sess.) Subsec. (d): Amended generally.

Subsec. (f): Inserted "the first two years of any" preceding "new public" in the first sentence and deleted the second sentence.

Legislative resolution of conflicting 1993 (Adj. Sess.) amendments to subsec. (h). Subsec. (h) of this section was repealed by 1993, No. 211 (Adj. Sess.), § 21 and amended by 1993, No. 211 (Adj. Sess.), § 19. The repeal of subsec. (h) by 1993, No. 211 (Adj. Sess.), § 21, was not implemented in view of legislative intent as set forth in 1995, No. 60 , § 42(a).

§ 5092. Repealed. 2013, No. 167 (Adj. Sess.), § 25.

History

Former § 5092. Former § 5092, relating to reports, was derived from 2003, No. 56 , § 41 and amended by 2005, No. 80 , § 5; 2011, No. 62 , § 34; and 2011, No. 153 (Adj. Sess.), § 34.

§ 5093. Rules.

Rules reasonable and necessary to implement this chapter may be adopted by the Secretary of Transportation pursuant to the provisions of 3 V.S.A. chapter 25.

Added 1989, No. 262 (Adj. Sess.); amended 1993, No. 211 (Adj. Sess.), § 20, eff. June 17, 1994; 2003, No. 56 , § 40, eff. June 4, 2003.

History

Codification. This section was originally enacted as 24 V.S.A. § 5092 and was redesignated as 24 V.S.A. § 5093 pursuant to 2003, No. 56 , § 40.

Amendments--1993 (Adj. Sess.) Deleted "all" preceding "rules" and substituted "may" for "shall" preceding "be adopted".

§ 5094. Powers of Secretary of Transportation.

On behalf of the State and to carry out the purposes of this chapter and 19 V.S.A. § 10f , the Secretary of Transportation may:

execute and file an application with the Federal Transit Administration for federal assistance authorized by Titles 23 and 49 of the U.S. Code or other federal law;
execute and file certifications, assurances, or other documents the Federal Transit Administration may require before awarding a federal assistance grant or cooperative agreement;
execute grant and cooperative agreements with the Federal Transit Administration.
Added 2011, No. 153 (Adj. Sess.), § 18, eff. May 16, 2012.

CHAPTER 127. MASS TRANSIT AUTHORITIES

SUBCHAPTER 1. REGIONAL TRANSIT AUTHORITIES

SUBCHAPTER 2. REGIONAL TRANSIT DISTRICTS

History

Amendments--1981 (Adj. Sess.) 1981, No. 195 (Adj. Sess.), § 2, added subchapter 1 designation.

Cross References

Cross references. Public transportation, see chapter 126 of this title.

Subchapter 1. Regional Transit Authorities

§ 5101. Definitions.

As used in this chapter:

"Municipalities" means a town, a city, or an incorporated village.
"Legislative body" means the selectmen in the case of a town, the council or mayor and board of aldermen in the case of a city, and the trustees in the case of an incorporated village.
Added 1975, No. 153 (Adj. Sess.), § 1, eff. March 10, 1976.

§ 5102. Area of operation.

The area of operation for an authority created under the provisions of this chapter shall be the area of the member municipalities.

Added 1975, No. 153 (Adj. Sess.), § 1, eff. March 10, 1976.

§ 5103. Membership in the authority.

Two or more municipalities may form a mass transportation authority. Membership in the authority shall consist of those municipalities which elect to join the authority by majority vote of its voters present and voting on the question at an annual or special meeting duly warned for that purpose. The initial meeting of a municipality called to determine whether or not to join the authority shall be warned in the manner provided by law, except that for such meeting only, any warning need not be posted for a period in excess of 30 days, any other provision of law or municipal charter to the contrary notwithstanding. Membership may be terminated only in the manner provided in section 5109 of this title.

Added 1975, No. 153 (Adj. Sess.), § 1, eff. March 10, 1976.

History

Initial members. 1975 (Adj. Sess.), No. 153, § 2, eff. March 10, 1976, provided:

"(a) The initial members of an authority created under this act [this chapter] shall be those municipalities which elect to join, in accordance with the provisions of sec. 1 of this act [this chapter]. The authority may commence operations when two municipalities have joined as members. The authority shall prepare a budget for the remainder of the fiscal year and the ensuing fiscal year and shall proceed with the adoption of same and assessment as provided in section 5107 of this title. The legislative bodies of the municipalities interested in forming an authority under this act [this chapter] may appoint a person who shall have the authority to initiate the organization of the authority and to submit preliminary applications for financial assistance, provided, however, that he shall have no authority to incur financial obligations on behalf of the authority.

"(b) The membership of municipalities other than the initial members shall require the approval of the board of commissioners.

"(c) Immediately upon joining the authority, the municipality shall appoint two commissioners as provided herein. The initial terms of the commissioners of the initial members shall be arranged by the person designated under this section to aid in the organization of the authority so that the terms of approximately one-third of the commissioners shall expire each year. The initial terms of commissioners from municipalities joining after the organization of the authority shall be set by the board of commissioners."

§ 5104. Purposes and powers.

The authority may purchase, own, operate, or provide for the operation of land transportation facilities, and may contract for transit services, conduct studies, and contract with other governmental agencies, private companies, and individuals.
The authority shall be a body politic and corporate with the powers incident to a municipal corporation under the laws of the State of Vermont consistent with the purposes of the authority, and may exercise all powers necessary, appurtenant, convenient, or incidental to the carrying out of its functions, including the following:
1. to sue and be sued;
2. to adopt, use, and alter at will a corporate seal;
3. to acquire, purchase, hold, lease as a lessee, and use any franchise, property, real, personal, or mixed, tangible or intangible, or any interest therein, necessary or desirable for carrying out the purposes of the authority, and to sell, lease as lessor, transfer, or dispose of any property or interest acquired by it;
4. to fix, alter, charge, and establish rates, fares, and other charges for the services and facilities within its area of operation, which rates, fees, and charges shall be equitable and just;
5. to acquire and operate, or provide for the operation of local transportation systems, public or private, within its area of operation;
6. to make contracts of every name and nature and to execute all instruments necessary or convenient for the carrying on of its business;
7. to enter into management contracts with any person or persons for the management of a public transportation system or controlled by the authority for such period or periods of time, and under such compensation and other terms and conditions as shall be deemed advisable by the authority;
8. to accept gifts or grants or loans of money or other property, and to enter into contracts, leases, or other transactions with any federal agency, the State, any agency of the State, or with any other public body of the State, including municipalities, school districts, and other authorities;
9. to borrow money and issue evidence of indebtedness as provided by chapter 53 of this title;
10. to develop transportation plans, and to coordinate its planning and programs with those of appropriate municipal, county, and State agencies and other political subdivisions of the State;
11. within its area of operation, to acquire by the exercise of the power of eminent domain any real property which it may have found necessary for its purposes, in the manner provided for the condemnation of land or rights therein as set forth in 19 V.S.A. §§ 500-514 and 519;
12. to adopt necessary rules;
13. to do all things necessary or convenient for the conduct of its business and the general welfare of the authority in order to carry out the powers granted to it by this chapter or any other law;
14. to enter into joint compacts with transportation authorities of other states provided that the compact has been approved by the general assembly of that state and the Congress of the United States.
  Added 1975, No. 153 (Adj. Sess.), § 1, eff. March 10, 1976; amended 2011, No. 126 (Adj. Sess.), § 8; 2015, No. 23 , § 125.

History

Revision note. Reference to "this act" in subdiv. (b)(13) changed to "this chapter" to conform V.S.A. style.

Amendments--2015 Subdiv. (b)(12): Substituted "to adopt necessary rules" for "to prescribe and promulgate necessary rules and regulations".

Amendments--2011 (Adj. Sess.) Subsec. (a): Inserted commas throughout.

Subsec. (b): Deleted ", but not limited to," preceding "the following" in the introductory paragraph.

Subdiv. (b)(11): Substituted "19 V.S.A. §§ 500-514 and 519" for "19 V.S.A. §§ 501-514".

§ 5105. Grand list; debt limit.

The grand list of the authority shall be deemed to be the total of the grand lists of member municipalities, and the debt limit of the authority shall not be diminished by any obligation incurred by a member municipality alone. Obligations incurred under chapter 53 of this title shall be the joint and several obligations of the authority and of each member municipality but shall not affect any limitation on indebtedness of a member municipality. The cost of debt service shall be included in the annual budget of the authority as provided in section 4866 of this title, and shall be allocated among the member municipalities as provided in that section. Where voter approval is required pursuant to chapter 53 of this title, the board of commissioners shall determine the number and location of polling places, and when a majority of all the voters present and voting on the question from all of the member municipalities at the meeting vote to authorize the issuance of bonds, the board of commissioners shall be authorized to issue the bonds as provided in chapter 53 of this title. The counting of ballots shall be conducted by the board of commissioners together with the town or city clerk from each member municipality or his or her designee.

Added 1975, No. 153 (Adj. Sess.), § 1, eff. March 10, 1976.

History

2019. In the third sentence, substituted "4866" for "4108" to correct an error in the cross-reference.

§ 5106. Exemption from regulation.

The public transportation systems and facilities operating under this authority are exempt from any of the regulatory provisions of Title 30, except that the Public Utility Commission may impose any regulatory provisions of Title 30 that it may determine from time to time to be necessary.

Added 1975, No. 153 (Adj. Sess.), § 1, eff. March 10, 1976.

History

2017. Substituted "Public Utility Commission" for "public service board" in accordance with 2017, No. 53 , § 12.

§ 5107. Government and organization.

The powers, duties, and responsibilities of the authority shall be exercised by a board of commissioners, consisting of two commissioners from each member municipality. The commissioners shall be appointed by and serve at the pleasure of the legislative body of the member municipality for terms of three years. Any vacancies on the board of commissioners shall be filled by the legislative body of the respective member municipality, but in the event that the legislative body fails to appoint a commissioner within two months from the date of the occurrence of the vacancy, the vacancy shall be filled by the board of commissioners. Commissioners shall serve without pay.
Annually, the board of commissioners shall elect from among its members a chair, vice chair, treasurer, and secretary, and such other officers that are necessary for the conduct of its business.
The board of commissioners may appoint a transit director, and such other personnel as is necessary for the conduct of the business of the authority. The board of commissioners shall have the power to prescribe their duties, fix their compensation, and delegate to them such responsibilities for the management and control of the operation of the authority, as its interest may require.
Added 1975, No. 153 (Adj. Sess.), § 1, eff. March 10, 1976.

§ 5108. Annual budget and assessments.

On or before February 15 in each year the board of commissioners shall prepare a budget for the authority for the next fiscal year, which shall include an estimate of the revenue of the Authority from fares and other sources, except membership assessments, and the expenses for the next fiscal year, including debt service. The board of commissioners shall call a meeting of the residents of its member municipalities for the purpose of presenting the proposed budget. The meeting shall be held at a place within the area of operation and shall be warned by a notice published in a newspaper of general circulation in the area of operation at least 15 days prior to the meeting, which notice shall contain a copy of the proposed budget. Members of the legislative body of each member municipality shall be notified of the meeting by certified mail.
Annually, following the meeting provided in subsection (a) of this section, the board of commissioners shall review the proposed budget of the authority in light of any discussion, and shall then adopt the budget with or without changes.
The treasurer of the authority, following adoption of the budget, shall apportion the sums required to be contributed by each member municipality according to the average number of weekly miles of service for the 12 month period preceding the adoption of the budget, for each member community, as compared to the average number of weekly miles of service for all member communities for the same period. The formula for apportionment may be changed by the board of commissioners with the concurrence of each of the legislative bodies of the member municipalities. The treasurer of the authority shall immediately notify the treasurer of each member municipality and the chair of the legislative body in each member municipality, of the amount of such assessment, and the member municipality shall add such assessment to its own budget and shall assess such tax as is necessary to raise the amount of the assessment. The amount of the assessment in each member municipality shall be paid to the treasurer of the authority on or before July 15 in each year.
In the event that the budget of the authority in any year becomes insufficient to support the operations of the authority, the board of commissioners may assess the member municipalities for additional sums, apportioned in the manner provided in this section. The additional assessment shall require the approval of each of the legislative bodies of the member municipalities.
Added 1975, No. 153 (Adj. Sess.), § 1, eff. March 10, 1976.

History

2019. In subsec. (c), substituted "chair" for "chairman" in accordance with 2013, No. 161 (Adj. Sess.), § 72.

§ 5109. Termination of membership.

A member municipality may withdraw from membership in the authority, if notification of withdrawal is given more than one year after the member municipality joined such authority. The withdrawal shall take effect at the end of the first full fiscal year following a notification of withdrawal. The notification shall be in the form of a resolution duly adopted by the legislative body of the withdrawing member and delivered to the board of commissioners at a regular meeting.
Notwithstanding subsection (a) of this section, upon giving notice as required by subsection (a), a member municipality may withdraw from the authority after the authority has voted to bond itself in accordance with the provisions of chapter 53 of this title, but shall continue to be liable for its share of all existing indebtedness incurred under chapter 53 of this title at the time notice of its withdrawal is given.
Added 1975, No. 153 (Adj. Sess.), § 1, eff. March 10, 1976.

§ 5110. Miscellaneous provisions.

The authority shall prepare an annual report of its activities, including a financial statement, and submit the report to the legislative bodies of the member municipalities.
The fiscal year of the authority shall commence July 1 in each year.
Added 1975, No. 153 (Adj. Sess.), § 1, eff. March 10, 1976.

Subchapter 2. Regional Transit Districts

§ 5121. Definitions.

As used in this subchapter:

"Municipality" means a town, city, or incorporated village.
"Legislative body" means the selectboard in the case of a town, the council or mayor and board of aldermen in the case of a city, and the trustees in the case of an incorporated village.
Added 1981, No. 195 (Adj. Sess.), § 1.

§ 5122. Creation of regional transit districts.

A regional transit district may be created at any time by the act of the voters of each of two or more municipalities upon the written approval of the Agency of Transportation. Approval shall be based upon the results of studies carried out by the Agency of Transportation and by representatives of the municipalities to determine whether the municipalities involved constitute a reasonable transit district. Evidence shall be shown that funding will be adequate to provide a continuing transit program.

Added 1981, No. 195 (Adj. Sess.), § 1; amended 1995, No. 60 , § 27, eff. April 25, 1995.

History

Amendments--1995 Inserted "agency of" preceding "transportation" and deleted "board" thereafter in the first and second sentences.

§ 5123. Regional transit district membership.

A regional transit district shall contain at least one representative appointed from each member municipality. All representatives may be compensated and reimbursed by their respective municipalities for necessary and reasonable expenses.

Added 1981, No. 195 (Adj. Sess.), § 1.

§ 5124. Annual budget and assessments.

Representatives to a regional transit district representing each participating municipality shall be appointed and any vacancy filled by the legislative body of such municipality.
A regional transit district shall elect a chair and a secretary, and, at its organization meeting, shall by a two-thirds vote of those representatives present and voting at the meeting, adopt such rules and create and fill such offices as it deems necessary or appropriate for the performance of its functions, including, without limitation, the number and qualification of members, terms of office, provisions for municipal representation and voting, and provisions for termination of membership.
A regional transit district may also have other members, who may be elected or appointed in the manner the regional transit district prescribes by rule.
Added 1981, No. 195 (Adj. Sess.), § 1.

History

2019. In subsec. (b), substituted "chair" for "chairman" in accordance with 2013, No. 161 (Adj. Sess.), § 72.

§ 5125. Purposes and powers.

The district may purchase, own, operate, or provide for the operation of land transportation facilities, and may contract for transit services, conduct studies, and contract with other governmental agencies, private companies, and individuals.
The district may exercise all powers necessary, appurtenant, convenient, or incidental to the carrying out of its functions, including the following:
1. to sue and be sued;
2. to acquire, purchase, hold, lease as a lessee, and use any franchise, property, real, personal, or mixed, tangible or intangible, or any interest therein, necessary or desirable for carrying out the purposes of the district, and to sell, lease as lessor, transfer, or dispose of any property or interest acquired by it;
3. to fix, alter, charge, and establish rates, fares, and other charges for the services and facilities within its area of operation, which rates, fees, and charges shall be equitable and just;
4. to acquire and operate, or provide for the operation of local transportation systems, public or private, within its area of operation or in a municipality not already a member of a district, with which it contracts to furnish transit service;
5. to make contracts of every name and nature and to execute all instruments necessary or convenient for the carrying on of its business;
6. to accept gifts or grants or loans of money or other property, and to enter into contracts, leases, or other transactions with any federal agency, the State, any agency of the State, or with any other public body of the State, including municipalities and school districts;
7. to adopt necessary rules;
8. to do all things necessary or convenient for the conduct of its business and the general welfare of the district in order to carry out the powers granted to it by this subchapter or any other law.
  Added 1981, No. 195 (Adj. Sess.), § 1; amended 2015, No. 23 , § 126.

History

Amendments--2015 Subdiv. (b)(7): Substituted "to adopt necessary rules" for "to prescribe and promulgate necessary rules and regulations".

§ 5126. [Reserved for future use.].

The public transportation systems and facilities operated by a regional transit district are exempt from any of the regulatory provisions of Title 30 except that the transportation board may impose any regulatory provisions of Title 30 that it may determine from time to time to be necessary.
A regional transit district and its systems and facilities shall be exempt from the sales, purchase, and use taxes and from motor vehicle registration fees except those registration fees applicable to municipalities.
Added 1981, No. 195 (Adj. Sess.), § 1.

§ 5128. Annual budget and assessments.

Each year the board of commissioners shall prepare a proposed budget for the district for the next fiscal year, which shall include an estimate of the revenue of the district from fares and other sources, except municipal contributions, and the expenses for the next fiscal year, including debt service. The proposed budget shall be sent to the legislative branch of any member municipality by certified mail. The board of commissioners may call a meeting or meetings of the residents of its member municipalities for the purpose of presenting the proposed budget. Any meeting called shall be warned by a notice published in a newspaper of general circulation in the area of operation at least seven days prior to the meeting containing the date, time and place at which the meeting is to be held and a statement of the purpose of the meeting.
Annually, following the distribution provided in subsection (a), the board of commissioners shall review the proposed budget of the district in light of any discussion, and shall then adopt the budget with or without changes and determine the contributions to be requested from member municipalities.
Added 1981, No. 195 (Adj. Sess.), § 1; amended 1983, No. 120 (Adj. Sess.).

History

Revision note. Added "of this section" following "subsection (a)" in subsec. (b) conform reference to V.S.A. style.

Amendments--1983 (Adj. Sess.) Subsec. (a): Amended generally.

Subsec. (b): Substituted "distribution" for "meeting" preceding "provided" and "municipalities" for "communities" following "member".

§ 5129. Liability of district.

Members of the regional transit district board shall not be held personally liable for any actions taken in their capacity as members of the board.
No tort liability shall attach to individual municipal members of regional transit districts.
Tort liability of the regional transit district shall be limited to $1,000,000.00 for each accident.
Added 1981, No. 195 (Adj. Sess.), § 1.

§ 5127. Exemption; regulation; taxes.

CHAPTER 129. UNIFORM WATER AND SEWER DISCONNECT

Sec.

History

City of Rutland; water and sewer reconnection fees. 2009, No. 160 (Adj. Sess.), § 57 provides: "Notwithstanding the maximum allowable water and sewer reconnection fees set forth in 24 V.S.A. § 5151(b) and in the uniform notice form set forth in 24 V.S.A. § 5144, the City of Rutland may charge reconnection fees for normal hours not to exceed $50.00 and for overtime not to exceed $100.00."

§ 5141. Scope.

This chapter applies only to municipalities providing water or sewer services, or both, and it allows disconnection of water or sewer services, or both, as a delinquency collection procedure for water or sewer delinquencies. Disconnection of water service as a collection procedure for delinquent sewer bills is specifically allowed. This delinquency collection procedure is a separate procedure from that allowed under Title 32.

Added 1977, No. 93 ; amended 1989, No. 45 , § 7.

History

Amendments--1989 Section amended generally.

§ 5142. Definitions.

For the purpose of this chapter:

"Selectboard" means the selectboard in the case of a town, the city council in the case of a city, the board of trustees in the case of an incorporated village, the prudential committee in the case of a fire district, or the board of commissioners in the case of a consolidated sewer or water district.
"Disconnection" means the deliberate interruption or disconnection of water or sewer service, or both, to a ratepayer by the servicing municipality for nonpayment of water or sewer charges.
"Delinquency" means failure of the ratepayer to tender payment for a valid bill or charge within 30 days of the postmark date of that bill or charge, or by a "due date" at least 30 days after mailing, which shall be clearly printed on the bill and which shall control in the absence of the postmark. A delinquency of sewer charges shall be considered a delinquency of water charges, if operated by the same municipal corporation.
"Hearing officer" means a person appointed pursuant to section 5147 of this chapter to act as a fact finder and to hear and investigate evidence, and to make recommendations to the selectboard for final determination of the dispute.
"Notice" means the written notice on the form prescribed in section 5144 of this chapter, sent within 40 days after delinquency and postmarked and sent not more than 20 days, nor less than 14 days prior to the disconnect of service.
"Physician's certificate" means a written statement by a duly licensed medical practitioner certifying that a ratepayer or resident within the ratepayer's household would suffer an immediate and serious health hazard by the disconnection of the utility's service to that household. The certificate will be considered valid and in force for 30 days, or the duration of the hazard, whichever is less.
"Payment of a bill" means the receipt at the municipal office of cash, check, or money order which is subsequently honored.
"Business days" means Monday through Thursday, excluding legal holidays and any other time, or the day before such time, when municipal offices are not open to the public.
[Repealed.]
"Credit supervisor" is any person appointed by the selectboard to perform the functions of a credit supervisor under this chapter. Notwithstanding section 1524 of this title, the municipal tax collector may be appointed, but the fees provided under Title 32 for a tax collector do not apply to the collection procedure in this chapter.
Added 1977, No. 93 ; amended 1989, No. 45 , § 8.

History

2019. In subdivs. (4) and (10), substituted "selectboard" for "board of selectmen" in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Amendments--1989 Subdiv. (1): Inserted "the prudential committee in the case of a fire district" following "village".

Subdiv. (2): Substituted "water or sewer service, or both" for "utility service" preceding "to a ratepayer by the" and "servicing municipality for nonpayment of water or sewage charges" for "serving utility" thereafter.

Subdiv. (3): Added the second sentence.

Subdiv. (7): Substituted "municipal" for "utility's business" preceding "office" and deleted "or authorized payment agency" thereafter.

Subdiv. (8): Substituted "municipal" for "the utility's business" preceding "offices".

Subdiv. (9): Repealed.

Subdiv. (10): Added.

§ 5143. Disconnection of service.

No municipality shall disconnect service to a ratepayer unless payment of a valid bill or charge is delinquent as defined herein, and notice of disconnection has been provided previously to the ratepayer. A copy of the notice shall be sent to the occupant of a residential dwelling that will be affected by the disconnection if the occupant is different than the ratepayer.
Disconnection shall not be permitted if:
1. The delinquent bill or charge, or aggregate delinquent bills and charges do not exceed $15.00.
2. The delinquency is due solely to a disputed portion of a charge that is the subject of an appeal.
3. The delinquency is due to a failure to pay a deposit, line extension, special assessment, special construction charge, or other nonrecurring charge.
4. The disconnection would represent an immediate and serious hazard to the health of the ratepayer or a resident within the ratepayer's household, as set forth in a physician's certificate that is on file with the municipality. Notice by telephone or otherwise that such certificate will be forthcoming will have the effect of receipt, providing the certificate is in fact received within seven days.
5. The ratepayer has not been given an opportunity to enter into a reasonable agreement to pay the delinquent bill or, having made such agreement, has abided by its terms.
The tenant of a rental dwelling noticed for disconnection due to the delinquency of the ratepayer shall have the right to request and pay for continued service from the utility or reconnection of water and sewer service for the rental dwelling, which the utility shall provide. If any water and sewer charges or fees are included in the tenant's rent, the tenant may deduct the cost of any water and sewer service charges or fees paid to the municipality from his or her rent pursuant to 9 V.S.A. § 4459 . Under such circumstances, the utility shall not require the tenant to pay any arrearage greater than one billing cycle.
Added 1977, No. 93 ; amended 1989, No. 45 , § 9; 2013, No. 94 (Adj. Sess.), § 1, eff. Feb. 20, 2014.

History

Revision note. Added subsec. designations to conform section to V.S.A. style.

Amendments--2013 (Adj. Sess.). Subsec. (c): Added.

Amendments--1989 Substituted "municipality" for "utility" preceding "shall disconnect" in the first sentence of the first paragraph and following "file with the" in the first sentence of subdiv. (4).

Temporary moratorium on disconnections from public drinking water and wastewater systems. 2019, No. 92 (Adj. Sess.), § 9 provides: "(a) Notwithstanding 24 V.S.A. chapter 129, a municipality shall be prohibited from disconnecting a person from water or sewer services during a declared state of emergency under 20 V.S.A. chapter 1 due to COVID-19.

"(b) Notwithstanding any provision of law to the contrary, a person who is permitted as a public water system pursuant to 10 V.S.A. chapter 56 and who provides another person water as a part of the operation of that public water system shall be prohibited from disconnecting any person from the public water system during a declared state of emergency under 20 V.S.A. chapter 1 due to COVID-19.

"(c) Notwithstanding any provision of law to the contrary, a company engaged in the collecting, sale, and distribution of water for domestic, industrial, business, or fire protection purposes that is regulated by the Public Utility Commission under 30 V.S.A. § 203(3) shall be prohibited from disconnecting any person from services during a declared state of emergency under 20 V.S.A. chapter 1 due to COVID-19.

"(d) A violation of subsection (a) or (b) of this section may be enforced by the Agency of Natural Resources pursuant to 10 V.S.A. chapter 201. A violation of subsection (c) of this section may be enforced by the Public Utility Commission under 30 V.S.A. § 30."

ANNOTATIONS

1. Applicability.

Parties' motions for summary judgment were granted in part and denied in part because the State's interest was in providing a collection method for municipal water service that adequately protected the rights of ratepayers and water users. Vermont's disconnect statute provided procedural due process to sufficiently protect a water user's interest in continued water service even when that water user was not a "ratepayer." Brown v. City of Barre, 878 F. Supp. 2d 469 (D. Vt. 2012).

This section does not apply to a municipality wishing to discontinue its entire water system pursuant to section 3410 of this title. City of Vergennes v. State, 144 Vt. 146, 473 A.2d 1172 (1984).

§ 5144. Uniform notice form.

The notice form required under section 5143 of this chapter, and defined in section 5142 of this chapter shall be clearly printed on a pink colored sheet of paper, and shall be according to the following form:

Date _____________________________________________________ $ ______________________________________________________ AMOUNT IN ARREARS Dear Customer: According to our records, your (water) (sewer) service account is still unpaid. Please make full payment of the account or contact our office to make satisfactory arrangements before ........... If this is not done, we will no longer be able to extend credit and will have to discontinue your service, on that day or any one of the following four business days. (Under the law, "Business days" means Monday through Thursday, excluding legal holidays, when the offices are not open to the public). An unpaid bill is a lien on your real property, and may lead to tax sale proceedings. SPECIAL CHARGES - 24 V.S.A. § 5151 provides that we charge a fee for coming to your location to collect the amount overdue. Also, the same statute provides that we shall charge a reconnection fee for restoration of service if your service has been disconnected for nonpayment. These fees are as follows: Collection Trips - $ 25.00, regardless of number Reconnection - Normal Hours - $ 25.00 Overtime - $ 37.50 Interest according to 32 V.S.A. § 5136(a) If payment has already been sent, we recommend that you contact our office to make certain that payment is recorded on your account by the indicated date as such payment may have become delayed or lost in the mail. Payment in the mail does not constitute payment until received by us. THIS IS A FINAL REQUEST FROM: (Name of Credit Supervisor) (Name of Municipality) (Address of Municipality) (Town) Vermont (Zip Code) (Telephone Number) OTHER IMPORTANT INFORMATION - If you have a question concerning this bill or if you want to seek an agreement with us to pay the balance due in partial payments over a period of time, you should contact this office as soon as possible after receipt of this notice. In the event an agreement is entered into, failure to abide by the terms of agreement can lead to disconnection without further notice. If disconnection would result in an immediate and serious health hazard to you or to a resident within your household, disconnection will be postponed upon presentation of a duly licensed physician's certificate. APPEALS - If you cannot reach agreement as to payment of this bill with the credit supervisor whose name appears above, you may appeal to: (Name of Chairman of the Local Legislative Body) (Name of Town, City or Village) (Address of Office) (Mailing Address) or by calling: (Telephone Number) An appeal cannot be taken unless you first attempt to settle with the credit supervisor. You may appeal only as to the proper amount of your bill or the correctness of application of the rules and regulations. You may not appeal as to the level or design of the rates themselves. No charge shall be made for the appeal. However, undisputed portions of the charges giving rise to this notice must be paid before the disconnection date given above.

Added 1977, No. 93 ; amended 1987, No. 33 , § 1; 1989, No. 45 , § 10.

History

2001 (Adj. Sess.). Substituted "32 V.S.A. § 5136(a)" for "24 V.S.A. § 5156" following "Interest according to".

Amendments--1989 In the notice form, substituted "is" for "may become" following "bill" and added "and may lead to tax sale proceedings" following "property" in the last sentence of the first paragraph, added "Interest according to 24 V.S.A. § 5156" at the end of the listing of fees contained in the provisions designated "Special Charges" and substituted "municipality" for "utility" in two places in the provisions designated "This is a Final Request From".

Amendments--1987 In the notice form, substituted "$25.00" for "$10.00" following "Trips" and following "Hours" and "$37.50" for "$15.00" following "Overtime" in the provisions designated "Special Charges" and "the Local Legislative Body" for "Board of Selectmen" following "Chairman of" and added "City or Village" following "Town" in the provisions designated "Appeals".

ANNOTATIONS

1. Applicability.

§ 5145. Time and notice of disconnection.

Disconnection of utility service shall occur only between the hours of 8:00 a.m. and 2:00 p.m. of the business day specified on the notice of disconnection, or within the same hours during the four business days thereafter.
When service is disconnected or interrupted at the premises of the ratepayer, which shall include disconnection or interruption at or near the premises of the ratepayer, the individual making the disconnection shall immediately inform a responsible adult on the premises that service has been disconnected or interrupted, or if no responsible adult is then present, shall leave on the premises in a conspicuous and secure place a notification advising that service has been disconnected or interrupted and what the ratepayer has to do to have service restored.
Added 1977, No. 93 .

ANNOTATIONS

1. Applicability.

§ 5146. Restoration of service.

If service has been disconnected or interrupted, the municipality shall within 24 hours restore service upon the customer's request when the cause for disconnection of service has been removed or when an agreement has been reached between the ratepayer and the municipality regarding the dispute that led to the disconnection or when directed to do so by the selectboard. Restoration of service, to the extent feasible, shall be done so as to avoid charging ratepayers for overtime wages and other abnormal expenses. No collection or reconnection fees may be charged for disconnections or interruptions of service made for reasons of health or safety of the ratepayer or of the general public.

Added 1977, No. 93 ; amended 1989, No. 45 , § 11.

History

2019. Substituted "selectboard" for "board of selectmen" in accordance with 2013, No. 161 (Adj. Sess.), § 72.

Amendments--1989 Substituted "municipality" for "utility" following "interrupted, the" and preceding "regarding" in the first sentence.

ANNOTATIONS

Cited. City of Vergennes v. State, 144 Vt. 146, 473 A.2d 1172 (1984).

§ 5147. Jurisdiction for appeals and exceptions.

The selectboard shall promptly and fairly hear any or all appeals by the ratepayer after notice to all interested parties. During appeal, disconnection will be postponed. Upon just cause shown, the selectboard may grant exceptions to any ratepayer. The selectboard may appoint one or more members of the selectboard to act as hearing officers for the purposes of the appeal. Alternatively, the selectboard may appoint a responsible citizen to act as a hearing officer for the appeal.

Added 1977, No. 93 .

ANNOTATIONS

1. Applicability.

§ 5148. Consumer provisions.

Nothing in this chapter shall prevent the selectboard from adopting further procedures, ordinances, or rules providing greater protection for consumers than are required by this chapter.

Added 1977, No. 93 .

§ 5149. Repealed. 1989, No. 45, § 12.

History

Former § 5149, relating to water or sewer utility bill charges, rates or rents as a lien upon real estate, was derived from 1977, No. 93 .

§ 5150. Unauthorized connection.

The officers and agents of such a municipality entrusted with the care and superintendence of the municipality may at all reasonable times enter all premises so supplied to examine the pipes and fixtures and prevent any unnecessary waste, and to examine for sanitary correction thereto. If any person, without the consent of such municipal corporation, shall use any connection to water or sewer, a civil action on this statute may be maintained against such person by such municipality for the recovery of damages thereon.

Added 1977, No. 93 ; amended 1989, No. 45 , § 13.

History

Amendments--1989 Substituted "a municipality" for "utility" preceding "entrusted", "municipality" for "utility" preceding "may at all" in the first sentence and "municipality" for "utility" preceding "for the recovery" in the second sentence.

§ 5151. Special charges.

A municipality providing water and sewer services may charge fees for collection of overdue accounts and reconnection of service disconnected because of nonpayment.
Fees charged shall not exceed the following schedule:
Interest on delinquent accounts may be assessed if voted by the municipality according to 32 V.S.A. § 5136 .
Added 1977, No. 93 ; amended 1987, No. 33 , § 2; 1989, No. 45 , § 14.

Collection Trips - $25.00 maximum, regardless of number Reconnection: Normal Hours - $25.00 Overtime - $37.50

History

Amendments--1989 Subsec. (a): Substituted "municipality" for "utility" preceding "providing".

Subsec. (c): Added.

Amendments--1987. Subsec. (b): Substituted "$25.00" for "$10.00" following "Trips" and following "Hours" and "$37.50" for "$15.00" following "Overtime".

CHAPTER 131. IMPACT FEES

Sec.

ANNOTATIONS

Cited. Robes v. Town of Hartford, 161 Vt. 187, 636 A.2d 342 (1993).

§ 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 that benefit them and to require them to pay for or mitigate the negative effects of construction.

Added 1987, No. 200 (Adj. Sess.), § 37, eff. July 1, 1989.

§ 5201. Definitions.

As used in this chapter:

"Municipality" means a town, a city, or an incorporated village or an unorganized town or gore.
"Capital project" means:
1. any physical betterment or improvement including furnishings, machinery, apparatus, or equipment for such physical betterment or improvement;
2. any preliminary studies and surveys relating to any physical betterment or improvement;
3. land or rights in land; or
4. any combination of these.
"Impact fee" means a fee levied as a condition of issuance of a zoning or subdivision permit that will be used to cover any portion of the costs of an existing or planned capital project that will benefit or is attributable to the users of the development or to compensate the municipality for any expenses it incurs as a result of construction. The fee may be levied for recoupment of costs for previously expended capital outlay for a capital project that will benefit the users of the development.
"Offsite mitigation" means permanent protection of land not necessarily adjacent to the development site and which compensates for the impact of the development.
Added 1987, No. 200 (Adj. Sess.), § 37, eff. July 1, 1989.

ANNOTATIONS

Cited. Herbert v. Town of Mendon, 159 Vt. 255, 617 A.2d 155 (1992).

§ 5202. Authorization.

A municipality may levy an impact fee in accordance with this chapter.
A municipality may accept offsite mitigation in lieu of an impact fee or as compensation for damage to important land such as prime agricultural land or important wildlife habitat.
Added 1987, No. 200 (Adj. Sess.), § 37, eff. July 1, 1989.

§ 5203. Procedure.

A municipality may levy an impact fee on any new development within its borders provided that it has:
1. been confirmed under section 4350 of this title and, after July 1, 1992, adopted a capital budget and program pursuant to chapter 117 of this title. The plan or capital budget and program may include:
  1. indication of locations proposed for development with a potential to create the need for new capital projects;
  2. standards for level of service for the capital projects to be fully or partially funded with impact fees;
  3. proposed locations and project lists, cost estimates, and funding sources;
  4. timing or sequence of development in the identified locations; and
2. developed a reasonable formula that will be used to assess a developer's impact fee. The formula shall reflect the level of service for the capital project to be funded and a means of assessing the impact associated with the development such as square footage or number of bedrooms. The level of service shall be either:
  1. an existing level of service;
  2. a State or federal standard; or
  3. a standard adopted as part of a town plan or capital budget.
The amount of an impact fee used to fund a capital project shall be determined according to a formula developed under subsection (a) of this section. The fee shall be equal to or less than the portion of the capital cost of a capital project that will benefit or is attributable to the development and shall not include costs attributable to the operation, administration, or maintenance of a capital project. The municipality may require a fee for the entire cost of a capital project that will initially be used only by the beneficiaries of the development so assessed. In this case, if the project will be used by beneficiaries of future development the municipality shall establish a formula consistent with the formula developed under subsection (a) of this section to require that beneficiaries of future development pay an impact fee to the owners of the development on which the impact fee has already been levied.
In determining the amount of a fee that will be used to fund a capital project, the municipality may account for:
1. the cost of the existing or proposed facility;
2. the means, including State or federal grants and fees paid by other developers, by which the facility has been or will be financed;
3. the extent, if any, to which impact fees should be offset to account for other taxes or fees paid by the developer that will cover the cost of the capital project;
4. extraordinary costs incurred by the municipality in serving the new development;
5. the time-price differential inherent in fair comparisons of amounts paid at different times.
In determining the amount of the impact fee to compensate the municipality for expenses incurred as a result of construction, the municipality shall project the expenses that will be incurred. If the actual expense incurred is less than the fee collected from the developer, the municipality shall refund the unexpended portion of the fee within one year of the termination of construction of the project.
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 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.
The municipality shall establish the formula and procedure for levying an impact fee by an ordinance or bylaw adopted under chapter 59 or 117 of this title. Such ordinance or bylaw shall include a provision for administrative appeal of the impact fee assessed.
Added 1987, No. 200 (Adj. Sess.), § 37, eff. July 1, 1989; amended 1989, No. 106 ; 1989, No. 280 (Adj. Sess.), § 11c.

History

Amendments--1989 (Adj. Sess.) Subsec. (b): In the fourth sentence, inserted "establish a formula consistent with the formula developed under subsection (a) of this section to" preceding "require that beneficiaries" and substituted "has already been" for "was originally" preceding "levied".

Amendments--1989 Subsec. (f): Added.

Cross References

Cross references. Capital budget and program, see § 4430 of this title.

ANNOTATIONS

Cited. Herbert v. Town of Mendon, 159 Vt. 255, 617 A.2d 155 (1992).

§ 5204. Payment of fees.

An impact fee or obligation for offsite mitigation shall be a lien upon all property and improvements within land development for which the fee is assessed in the same manner and to the same effect as taxes are a lien upon real estate under section 32 V.S.A. § 5061 .
A municipality may require payment of an impact fee or accept offsite mitigation before issuance of a zoning or subdivision permit.
A municipality may accept fees on installment at a reasonable rate of interest.
A municipality may require a letter of credit to guarantee future payment of an impact fee or offsite mitigation.
Added 1987, No. 200 (Adj. Sess.), § 37, eff. July 1, 1989.

Cross References

Cross references. Zoning permits, see § 4443 of this title.

§ 5205. Exemptions.

A municipality may exempt certain types of development from any part or all of the impact fee assessed, provided that the exemption achieves other policies or objectives clearly stated in the municipal plan. The policies or objectives may include, but are not limited to, the provision of affordable housing and the retention of existing employment, or the generation of new employment.

Added 1987, No. 200 (Adj. Sess.), § 37, eff. July 1, 1989.

§ 5206. Construction of chapter.

Nothing in this chapter shall be construed as prohibiting a municipality from adopting ordinances otherwise authorized by law.

Added 1987, No. 200 (Adj. Sess.), § 37, eff. July 1, 1989.

CHAPTER 133. VERMONT INDEPENDENT SCHOOL FINANCE AUTHORITY

Sec.

§§ 5251-5298. Repealed. 2009, No. 135 (Adj. Sess.), § 26(11)(A), eff. May, 29, 2010.

History

Former § 5251, relating to definitions, was derived from 1999, No. 121 (Adj. Sess.), § 1.

Former § 5252, relating to law governing, was derived from 1999, No. 121 (Adj. Sess.), § 1.

Former § 5253, relating to liberal construction, was derived from 1999, No. 121 (Adj. Sess.), § 1.

Former § 5254, relating to administration expenses, was derived from 1999, No. 121 (Adj. Sess.), § 1.

Former § 5255, relating to Vermont Independent School Finance Authority; established, was derived from 1999, No. 121 (Adj. Sess.), § 1.

Former § 5256, relating to membership, was derived from 1999, No. 121 (Adj. Sess.), § 1.

Former § 5257, relating to officers; quorum, was derived from 1999, No. 121 (Adj. Sess.), § 1.

Former § 5258, relating to compensation; expenses, was derived from 1999, No. 121 (Adj. Sess.), § 1.

Former § 5259, relating to staff, was derived from 1999, No. 121 (Adj. Sess.), § 1.

Former § 5260, relating to State Treasurer, was derived from 1999, No. 121 (Adj. Sess.), § 1.

Former § 5261, relating to audit, was derived from 1999, No. 121 (Adj. Sess.), § 1 and amended by 2007, No. 154 (Adj. Sess.), § 11.

Former § 5262, relating to annual budget, was derived from 1999, No. 121 (Adj. Sess.), § 1.

Former § 5263, relating to general powers, was derived from 1999, No. 121 (Adj. Sess.), § 1.

Former § 5264, relating to supplemental powers, was derived from 1999, No. 121 (Adj. Sess.), § 1.

Former § 5265, relating to financing agreements, was derived from 1999, No. 121 (Adj. Sess.), § 1.

Former § 5266, relating to loans to educational institutions, was derived from 1999, No. 121 (Adj. Sess.), § 1.

Former § 5267, relating to amount and purpose; general obligation, was derived from 1999, No. 121 (Adj. Sess.), § 1.

Former § 5268, relating to form of issuance, was derived from 1999, No. 121 (Adj. Sess.), § 1.

Former § 5269, relating to form of obligation; faith and credit, was derived from 1999, No. 121 (Adj. Sess.), § 1.

Former § 5270, relating to negotiability of bonds or notes, was derived from 1999, No. 121 (Adj. Sess.), § 1.

Former § 5271, relating to bonds or notes as legal investment, was derived from 1999, No. 121 (Adj. Sess.), § 1.

Former § 5272, relating to sale price, was derived from 1999, No. 121 (Adj. Sess.), § 1.

Former § 5273, relating to administrative consent or conditions not required, was derived from 1999, No. 121 (Adj. Sess.), § 1.

Former § 5274, relating to approval of Governor and Treasurer, was derived from 1999, No. 121 (Adj. Sess.), § 1.

Former § 5275, relating to payment or refunding of notes, was derived from 1999, No. 121 (Adj. Sess.), § 1.

Former § 5276, relating to terms of agreement with bond or noteholder, was derived from 1999, No. 121 (Adj. Sess.), § 1.

Former § 5277, relating to purchase and disposition of own obligations, was derived from 1999, No. 121 (Adj. Sess.), § 1.

Former § 5278, relating to presumption of validity, was derived from 1999, No. 121 (Adj. Sess.), § 1.

Former § 5279, relating to tax exemption, was derived from 1999, No. 121 (Adj. Sess.), § 1.

Former § 5280, relating to rights of holders paramount, was derived from 1999, No. 121 (Adj. Sess.), § 1.

Former § 5281, relating to default, was derived from 1999, No. 121 (Adj. Sess.), § 1.

Former § 5282, relating to powers of trustee on default, was derived from 1999, No. 121 (Adj. Sess.), § 1.

Former § 5283, relating to no acceleration of default, was derived from 1999, No. 121 (Adj. Sess.), § 1.

Former § 5284, relating to reserve fund, was derived from 1999, No. 121 (Adj. Sess.), § 1.

Former § 5285, relating to withdrawal or transfer, was derived from 1999, No. 121 (Adj. Sess.), § 1.

Former § 5286, relating to investment, was derived from 1999, No. 121 (Adj. Sess.), § 1.

Former § 5287, relating to relation to bond sales, was derived from 1999, No. 121 (Adj. Sess.), § 1.

Former § 5288, relating to annual appropriation, was derived from 1999, No. 121 (Adj. Sess.), § 1.

Former § 5289, relating to general fund, was derived from 1999, No. 121 (Adj. Sess.), § 1.

Former § 5290, relating to operating expenses, was derived from 1999, No. 121 (Adj. Sess.), § 1.

Former § 5291, relating to special accounts, was derived from 1999, No. 121 (Adj. Sess.), § 1.

Former § 5292, relating to additional accounts, was derived from 1999, No. 121 (Adj. Sess.), § 1.

Former § 5293, relating to application of funds; excess, was derived from 1999, No. 121 (Adj. Sess.), § 1.

Former § 5294, relating to Superior Court jurisdiction, was derived from 1999, No. 121 (Adj. Sess.), § 1.

Former § 5295, relating to personal liability, was derived from 1999, No. 121 (Adj. Sess.), § 1.

Former § 5296, relating to exemption from execution and sale, was derived from 1999, No. 121 (Adj. Sess.), § 1.

Former § 5297, relating to pledge of revenues; lien thereof, was derived from 1999, No. 121 (Adj. Sess.), § 1.

Former § 5298, relating to surety for deposits by Authority, was derived from 1999, No. 121 (Adj. Sess.), § 1.

CHAPTER 135. VERMONT MUNICIPAL LAND RECORDS COMMISSION

Sec.

History

Repeal of chapter. Pursuant to 2003, No. 122 (Adj. Sess.), § 78f, this chapter, comprising sections 5401-5403, was to be repealed on August 31, 2010. However, 2009, No. 91 (Adj. Sess.), § 11 repealed this chapter on May 6, 2010.

§§ 5401-5403. Repealed. 2009, No. 91 (Adj. Sess.), § 11, eff. May 6, 2010; 2009, No. 135 (Adj. Sess.), § 26(11)(B).

History

Former §§ 5401-5403, relating to Municipal Land Records Commission, were derived from 2003, No. 122 (Adj. Sess.), § 78a.

CHAPTER 137. BUILDING COMMUNITIES GRANTS

Sec.

§ 5601. Building communities grants.

The purpose of this chapter is to establish one-for-one matching grants to help communities, nonprofit organizations, or, as applicable under section 5603 of this chapter, barn owners preserve important historic buildings and enhance community facilities. Therefore, in order to make it easy for communities, nonprofit organizations, or barn owners to apply, the entity which administers a grant program under this chapter shall work with other administrators of building communities grants to develop a standard application form which:
1. describes the application process and includes clear instructions and examples to help applicants complete the form;
2. includes an opportunity for a community, nonprofit organization, or barn owner to demonstrate its ability to generate one-for-one matching funds from local fundraising or other efforts;
3. includes a summary of each of the other grants, their deadlines, and a statement that no community, nonprofit organization, or barn owner shall apply for more than one grant under this chapter for the same project in the same calendar year; and
4. may include supplements specific to an individual grant.
Each entity which administers a grants program under this chapter shall establish a selection process which ensures equitable selection of grant recipients and ensures accountability by grant recipients.
Before it notifies an applicant of an award under this chapter, the entity which administers the grant shall provide notice of the award and time and location of any award presentation to the Chairs of the Senate Committee on Institutions and the House Committee on Corrections and Institutions, and those members of the General Assembly who represent the area in which a successful applicant resides.
Notwithstanding 32 V.S.A. § 701a , if, after an entity awards grant funds under this chapter, the funds remain unexpended and not subject to a grant agreement, the entity may reallocate the unexpended funds within its grant program within three years of the original award date. Any unexpended funds remaining after this three-year period that are not subject to a grant agreement shall be reallocated in future acts relating to capital construction and State bonding.
Added 2007, No. 200 (Adj. Sess.), § 41, eff. June 9, 2008; amended 2009, No. 161 (Adj. Sess.), § 29, eff. June 4, 2010; 2011, No. 104 (Adj. Sess.), § 28, eff. May 7, 2012.

History

Amendments--2011 (Adj. Sess.) Amended generally.

Amendments--2009 (Adj. Sess.) Subdiv. (a)(2): Substituted "one-for-one" for "required" preceding "matching funds".

§ 5602. Historic Preservation Grant Program.

There is established an Historic Preservation Grant Program which shall be administered by the Division for Historic Preservation in the Agency of Commerce and Community Development. Grants shall be made available to municipalities and nonprofit tax-exempt organizations for restoring buildings and structures.

Added 2007, No. 200 (Adj. Sess.), § 41, eff. June 9, 2008; amended 2009, No. 161 (Adj. Sess.), § 29.

History

Amendments--2009 (Adj. Sess.) Deleted "on a one-for-one matching basis" following "tax-exempt organizations" in the second sentence.

§ 5603. Historic Barns Preservation Grant Program.

There is established an Historic Barns Preservation Grant Program which shall be administered by the Division for Historic Preservation in the Agency of Commerce and Community Development. Grants shall be made available to barn owners for restoring historic barns.

Added 2007, No. 200 (Adj. Sess.), § 41, eff. June 9, 2008; amended 2009, No. 161 (Adj. Sess.), § 29, eff. June 4, 2010.

History

Amendments--2009 (Adj. Sess.) Substituted "barn owners" for "municipalities and nonprofit tax-exempt organizations on a one-for-one matching basis" preceding "for restoring".

§ 5604. Cultural Facilities Grant Program.

There is established a Cultural Facilities Competitive Grant Program to be administered by the Vermont Arts Council. No portion of a grant shall be used to pay salaries.
Grants shall be awarded on a competitive basis. In recommending grant awards, a review panel shall give priority consideration to applicants who demonstrate greater financial need or are in underserved areas of the State.
Added 2007, No. 200 (Adj. Sess.), § 41, eff. June 9, 2008; amended 2009, No. 161 (Adj. Sess.), § 29, eff. June 4, 2010.

History

Amendments--2009 (Adj. Sess.) Subsec. (a): Deleted "and made available on a one-for-one matching basis with funds raised from nonstate sources" following "Vermont arts council".

§ 5605. Recreational Facilities Grant Program.

Creation of Program. There is created a Recreational Facilities Grant Program to be the successor to and a continuation of the Recreational and Educational Facilities Grant Program established in 2005 Acts and Resolves No. 43, Sec. 34 to provide competitive grants to municipalities as defined in chapter 117 of this title and to nonprofit organizations for capital costs associated with the development and creation of community recreational opportunities in Vermont communities. The Program is authorized to award matching grants of up to $25,000.00 per project. The required match shall be met through dollars raised and not through in-kind services.
Creation of Committee. There is established a Recreational Facilities Grant Advisory Committee to coordinate and administer the Recreational Facilities Grant Program. The Committee shall include the Commissioners of Forests, Parks and Recreation and of Buildings and General Services or the Commissioners' designees; a representative of the Vermont Recreation and Parks Association; two members of the Vermont General Assembly, one appointed by the Speaker of the House of Representatives and one appointed by the Senate Committee on Committees; a representative of the Vermont Trails and Greenways Council; and one citizen member to be appointed by the Governor. The members of the Committee shall select a chair. The citizen member shall serve for a term of two years or until his or her successor is appointed.
Administrative support. The Department of Buildings and General Services shall provide administrative support to the Program.
Added 2007, No. 200 (Adj. Sess.), § 41, eff. June 9, 2008; amended 2009, No. 161 (Adj. Sess.), § 29, eff. June 4, 2010; 2017, No. 74 , § 110.

History

Amendments--2017. Subsec. (c): Added the subsec. heading.

Amendments--2009 (Adj. Sess.) Subsec. (a): Deleted the proviso in the second sentence and added the third sentence.

§ 5606. Human Services and Educational Facilities Competitive Grant Program.

Creation of Program. There is created a Human Services and Educational Facilities Competitive Grant Program to be the successor to and a continuation of the Human Services Competitive Grant Program established in 2005 Acts and Resolves No. 43, Sec. 36 to provide competitive grants to municipalities as defined in chapter 117 of this title and to nonprofit organizations for capital costs associated with the major maintenance, renovation, or development of facilities for the delivery of human services and health care or for the development of educational opportunities in Vermont communities. The Program is authorized to award matching grants of up to $25,000.00 per project. The required match shall be met through dollars raised and not through in-kind services.
Creation of Committee. There is established a Human Services and Educational Facilities Grant Advisory Committee to administer and coordinate the Human Services and Educational Facilities Grant Program. The Committee shall include the Secretary of Human Services or the Secretary's designee; the Commissioner of Buildings and General Services or the Commissioner's designee; two members of the Vermont General Assembly, one appointed by the Speaker of the House of Representatives and one appointed by the Senate Committee on Committees; and three representatives of broad-based community organizations, such as the United Way of Vermont, who shall be selected and appointed by the Governor. The members of the Committee shall select a chair. The members appointed by the Governor shall serve for terms of two years or until their successors are appointed.
Administrative support. The Department of Buildings and General Services shall provide administrative support to the Program.
Added 2007, No. 200 (Adj. Sess.), § 41, eff. June 9, 2008; amended 2009, No. 161 (Adj. Sess.), § 29, eff. June 4, 2010; 2017, No. 74 , § 111.

History

Amendments--2017. Subsec. (c): Added the subsec. heading.

Amendments--2009 (Adj. Sess.) Subsec. (a): Deleted the proviso in the second sentence and added the third sentence.

§ 5607. Regional Economic Development Grant Program.

Creation of Program. There is created a Regional Economic Development Grant Program to provide competitive grants for capital costs associated with the major maintenance, renovation, or planning related to the development of facilities reasonably expected to create job opportunities in Vermont communities. The Program is authorized to award matching grants of up to $25,000.00 per project. The required match shall be met through dollars raised and not through in-kind services. State investments made under this Program shall be consistent with the goals found in section 4302 of this title and local and regional plans adopted pursuant to this title and shall be coordinated with the efforts described in chapter 76A of this title.
Creation of Committee. There is established a Regional Economic Development Grant Advisory Committee to administer and coordinate the Regional Economic Development Grant Program. The Committee shall include the Commissioner of Economic, Housing and Community Affairs or designee; the Commissioner of Buildings and General Services or designee; and two members of the Vermont General Assembly, one appointed by the Speaker of the House of Representatives and one appointed by the Senate Committee on Committees. The members of the Committee shall select a chair.
Added 2011, No. 104 (Adj. Sess.), § 27a, eff. May 7, 2012; amended 2013, No. 34 , § 16.

History

Amendments--2013. Subsec. (a): Substituted "chapter 76A of this title" for "chapter 76a of this title" at the end.

§ 5608. Agricultural Fairs and Field Days Capital Projects Competitive Grants Program.

Grant guidelines. The following guidelines shall apply to capital grants made for Vermont agricultural fairs and field days projects pursuant to this section:
1. Grants shall be competitively awarded to capital projects that relate to Vermont agricultural fairs and field days operating a minimum of three consecutive, eight-hour days per year.
2. A project for which a grant is awarded shall have a minimum useful life of 20 years and shall be completed within two years of the execution of a contract to perform work authorized by the grant.
3. A grant recipient shall contribute matching funds or in-kind services in an amount equal to 15 percent or more of the value of the grant.
There is established an Agricultural Fairs and Field Days Capital Program Advisory Committee to administer and coordinate grants made pursuant to this section. The Committee shall include:
1. two members appointed by the Secretary of Agriculture, Food and Markets;
2. one member appointed by the Commissioner of Forests, Parks and Recreation;
3. two members appointed by the Vermont Fair and Field Days Association;
4. one member appointed by the Vermont Department of Tourism and Marketing;
5. one member of the Vermont Senate appointed by the Committee on Committees; and
6. one member of the Vermont House of Representatives appointed by the Speaker of the House.
Administration.
1. The Advisory Committee created in subsection (b) of this section shall have the authority to award grants in its sole discretion; provided, however, that the Committee may consider whether to award partial awards to all applicants that meet Program criteria established by the Committee.
2. The Agency of Agriculture, Food and Markets shall provide administrative and technical support to the Committee for purposes of administering grants awarded under this section.
  Added 2013, No. 178 (Adj. Sess.), § 32, June 9, 2014.

§ 5609. Repealed. 2015, No. 160 (Adj. Sess.), § 36a, eff. July 1, 2018.

History

Former § 5609. Former § 5609, relating to Enhanced 911 Compliance Grants Program, was derived from 2015, No. 160 (Adj. Sess.), § 35.

CHAPTER 138. RURAL ECONOMIC DEVELOPMENT INFRASTRUCTURE DISTRICTS

Sec.

History

Effective date of chapter. 2017, No. 69 , § N.1(b) provides that this chapter, comprising §§ 5701-5709, shall take effect on the date of enactment of the fiscal year 2018 annual budget bill, which occurred on June 28, 2017.

§ 5701. Purpose.

The purpose of this chapter is to enable formation of special municipal districts to finance, own, and maintain infrastructure that provides economic development opportunities in rural and underresourced areas of the State, including areas within one or more municipalities. Specifically, this chapter provides mechanisms for public and private partnerships, including opportunities for tax-incentivized financing and voluntary citizen engagement, to help overcome density and economic hardship.

Added 2017, No. 69 , § B.1, eff. June 28, 2017.

§ 5702. Establishment; general provisions.

Establishment. Upon written application by 20 or more voters within a proposed district or upon its own motion, the legislative body of a municipality may establish a rural economic development infrastructure district. The application shall describe the infrastructure to be built or acquired; the plan for financing its acquisition; the anticipated economic benefit; the source of revenues for loan, bond, or lease payments; and plans for retention and disbursement of excess revenues, if any. The application also shall clearly state that the proposed district shall not have authority to levy taxes upon the grand list and may not levy service charges or fees upon any underlying municipality except for services used by such municipality, its own officers, and employees in the operation of municipal functions. Notice of establishment of a district shall be recorded as provided in subsection (e) of this section, posted in at least three public places within the municipality for at least 30 days, and published in a newspaper of general circulation within the municipality not more than 10 days from the date of establishment by the legislative body. Following 40 days from the later of the date of establishment by the legislative body of the municipality or an affirmative vote under subdivision (d)(1) or (2) of this section, the district shall be deemed to be a body politic and corporate, capable of exercising those powers and prerogatives explicitly granted by the legislative body of the municipality in accordance with this chapter and the district's establishment application.
Districts involving more than one municipality. Where the limits of a proposed district include two or more municipalities, or portions of two or more municipalities, the application required by this section shall be made to and considered by the legislative body of each such municipality.
Alteration of district limits. The legislative body of a municipality in which a district is located may alter the limits of a district upon application to the governing board of the district, provided the governing board gives prior written consent. A district expansion need not involve contiguous property. Notice of an alteration of the limits of a district shall be recorded as provided in subsection (e) of this section, posted in at least three public places within the municipality for at least 30 days, and published in a newspaper of general circulation within the municipality not more than 10 days from the date of the legislative body's decision to alter the limits of a district.
Contestability.
1. If a petition signed by five percent of the voters of the municipality objecting to the proposed establishment or alteration of limits of a district is presented to the municipal clerk within 30 days of the date of posting and publication of the notice required by subsection (a) or (c) of this section, as applicable, the legislative body of the municipality shall cause the question of whether the municipality shall establish or alter the limits of the district to be considered at a meeting called for that purpose. The district shall be established in accordance with the application or the limits altered unless a majority of the voters of the municipality present and voting votes to disapprove such establishment or alteration of limits.
2. If a petition signed by five percent of the voters of the municipality objecting to a legislative body's decision denying the establishment or the alteration of limits of a district is presented to the municipal clerk within 30 days of the legislative body's decision, the legislative body shall cause the question of whether the municipality shall establish or alter the limits of the district to be considered at an annual or special meeting called for that purpose.
Recording. A record of the establishment of a district and any alteration of district limits made by a legislative body shall be filed with the clerk of each municipality in which the district is located, and shall be recorded with the Secretary of State.
Added 2017, No. 69 , § B.1, eff. June 28, 2017.

§ 5703. Limitations; taxes; indebtedness; eminent domain.

Notwithstanding any grant of authority in this chapter to the contrary:

A district shall not accept funds generated by the taxing or assessment power of any municipality in which it is located.
A district shall not have the power to levy, assess, apportion, or collect any tax upon property within the district, nor upon any of its underlying municipalities, without specific authorization of the General Assembly.
All obligations of the district, including financing leases, shall be secured by and payable only out of the assets of or revenues or monies in the district, including revenue generated by an enterprise owned or operated by the district.
A district shall not have powers of eminent domain.
Added 2017, No. 69 , § B.1, eff. June 28, 2017.

History

§ 5704. Governing board; composition; meetings; report.

Governing board. The legislative power and authority of a district and the administration and the general supervision of all fiscal, prudential, and governmental affairs of a district shall be vested in a governing board, except as otherwise specifically provided in this chapter.
Composition. The governing board of the district shall consist of members appointed in equal numbers by the legislative bodies of the underlying municipalities. The board shall draft the district's bylaws specifying the size, composition, quorum requirements, and manner of appointing and removing members to the board, including nonvoting, at-large board members. The bylaws shall require that the legislative bodies of the underlying municipalities appoint board members and fill board member vacancies. Board members appointed by the underlying municipalities may appoint additional, nonvoting, at-large board members and fill at-large board member vacancies. Board members, including at-large members, are not required to be residents of an underlying municipality. However, a majority of the board shall be residents of an underlying municipality. Board members shall serve staggered, three-year terms and shall be eligible to serve successive terms. At-large board members shall serve one-year terms, and shall be eligible to serve successive terms. Any bylaws developed by the governing board under this subsection shall be submitted for approval to the legislative bodies of the municipalities within the district and shall be considered duly adopted 45 days after the date of submission, provided none of the legislative bodies disapprove the bylaws.
First meeting. The first meeting of the district shall be called upon 30 days' posted and published notice by a presiding officer of a legislative body in which the district is located. The board shall elect from among its members a chair, vice chair, clerk, and treasurer. The board shall establish the fiscal year of the district and shall adopt rules of parliamentary procedure. Prior to assuming their offices, officers may be required to post bond in such amounts as determined by resolution of the board. The cost of such bond shall be borne by the district.
Annual and special meetings. Unless otherwise established by the voters, the annual district meeting shall be held on the second Monday in January and shall be warned by the clerk or, in the clerk's absence or neglect, by a member of the board. Special meetings shall be warned in the same manner on application in writing by five percent of the voters of the district. A warning for a district meeting shall state the business to be transacted. The time and place of holding the meeting shall be posted in two or more public places in the district not more than 40 days nor less than 30 days before the meeting and recorded in the office of the clerk before the same is posted.
Annual report. The district shall report annually to the legislative bodies and the citizens of the municipalities in which the district is located on the results of its activities in support of economic growth, job creation, improved community efficiency, and any other benefits incident to its activities.
Definition. For purposes of this section and section 5709 of this chapter, after a district has been established pursuant to section 5702 of this chapter, "voter" means a board member or subscriber or customer of a service provided by the district. "Voter" does not mean an at-large board member unless the vote is taken at an annual or special meeting and the at-large board member is a subscriber or customer of a service provided by the district.
Added 2017, No. 69 , § B.1, eff. June 28, 2017; amended 2017, No. 197 (Adj. Sess.), § 22.

History

Amendments--2017 (Adj. Sess.). Subsecs. (b)-(c): Amended generally.

Subsec. (f): Added.

§ 5705. Officers.

Generally. The board shall elect at its first meeting and at each annual meeting thereafter a chair, vice chair, clerk, and treasurer, who shall hold office until the next annual meeting and until others are elected. The board may fill a vacancy in any office.
Chair. The chair shall preside at all meetings of the board and make and sign all contracts on behalf of the district upon approval by the board. The chair shall perform all duties incident to the position and office as required by the general laws of the State.
Vice chair. During the absence of or inability of the chair to render or perform his or her duties or exercise his or her powers, the same shall be performed and exercised by the vice chair, and when so acting, the vice chair shall have all the powers and be subject to all the responsibilities given to or imposed upon the chair. During the absence or inability of the vice chair to render or perform his or her duties or exercise his or her powers, the board shall elect from among its members an acting vice chair who shall have the powers and be subject to all the responsibilities given to or imposed upon the vice chair.
Clerk. The clerk shall keep a record of the meetings, votes, and proceedings of the district for the inspection of its inhabitants.
Treasurer. The treasurer of the district shall be elected by the board and shall serve at its pleasure. The treasurer shall have the exclusive charge and custody of the funds of the district and shall be the disbursing officer of the district. When warrants are authorized by the board, the treasurer may sign, make, or endorse in the name of the district all checks and orders for the payment of money and pay out and disburse the same and receipt therefor. The treasurer shall keep a record of every obligation issued and contract entered into by the district and of every payment made. The treasurer shall keep correct books of account of all the business and transactions of the district and such other books and accounts as the board may require. The treasurer shall render a statement of the condition of the finances of the district at each regular meeting of the board and at such other times as required of the treasurer. The treasurer shall prepare the annual financial statement and the budget of the district for distribution, upon approval of the board, to the legislative bodies of district members. Upon the treasurer's termination from office by virtue of removal or resignation, the treasurer shall immediately pay over to his or her successor all of the funds belonging to the district and at the same time deliver to the successor all official books and papers.
Added 2017, No. 69 , § B.1, eff. June 28, 2017; amended 2017, No. 197 (Adj. Sess.), § 23.

History

Amendments--2017 (Adj. Sess.). Subsec. (a): Substituted "board" for "district" preceding "shall elect" in the first sentence.

Subsec. (c): Inserted "to" following "given" in the second sentence.

Subsec. (e): Substituted "elected" for "appointed" following "shall be" in the first sentence.

§ 5706. Audit.

Once the district becomes operational, the board shall cause an audit of the financial condition of the district to be performed annually by an independent professional accounting firm. The results of the audit shall be provided to the governing board and to the legislative bodies of the municipalities in which the district is located.

Added 2017, No. 69 , § B.1, eff. June 28, 2017.

§ 5707. Committees.

The board has authority to establish one or more committees and grant and delegate to them such powers as it deems necessary. Members of an executive committee shall serve staggered terms and shall be board members. Membership on other committees established by the board is not restricted to board members.

Added 2017, No. 69 , § B.1, eff. June 28, 2017.

§ 5708. District powers.

A district created under this chapter has the power to:

exercise independently and in concert with other municipalities any other powers which are necessary or desirable for the installation, ownership, operation, maintenance, and disposition of infrastructure promoting economic development in rural areas and matters of mutual concern and that are exercised or are capable of exercise by any of its members;
enter into municipal financing agreements as provided by sections 1789 and 1821-1828 of this title, or other provisions authorizing the pledge of district assets or net revenue, or alternative means of financing capital improvements and operations;
purchase, sell, lease, own, acquire, convey, mortgage, improve, and use real and personal property in connection with its purpose;
enter into contracts for any term or duration;
operate, cause to be operated, or contract for the construction, ownership, management, financing, and operation of an enterprise which a municipal corporation is authorized by law to undertake;
hire employees and fix the compensation and terms of employment;
contract with individuals, corporations, associations, authorities, and agencies for services and property, including the assumption of the liabilities and assets thereof, provided that no assumed liability shall be a general obligation of a municipality in which the district is located;
contract with the State of Vermont, the United States of America, or any subdivision or agency thereof for services, assistance, and joint ventures;
contract with any municipality for the services of any officers or employees of that municipality useful to it;
promote cooperative arrangements and coordinated action among its members and other public and private entities;
make recommendations for review and action to its members and other public agencies that perform functions within the region in which its members are located;
sue and be sued; provided, however, that the property and assets of the district, other than such property as may be pledged as security for a district obligation, shall not be subject to levy, execution, or attachment;
appropriate and expend monies; provided, however, that no appropriation shall be funded or made in reliance upon any taxing authority of the district;
establish sinking and reserve funds for retiring and securing its obligations;
establish capital reserve funds and make deposits in them;
solicit, accept, and administer gifts, grants, and bequests in trust or otherwise for its purpose;
enter into an interstate compact consistent with the purposes of this chapter, subject to the approval of the Vermont General Assembly and the U.S. Congress;
develop a public sewer or water project, provided the legislative body and the planning commission for the municipality in which the sewer or water project is proposed to be located confirm in writing that such project conforms with any duly adopted municipal plan, and the regional planning commission confirms in writing that such project conforms with the duly adopted regional plan;
exercise all powers incident to a public corporation, but only to the extent permitted in this chapter;
adopt a name under which it shall be known and shall conduct business; and
make, establish, alter, amend, or repeal ordinances, regulations, and bylaws relating to matters contained in this chapter and not inconsistent with law.
Added 2017, No. 69 , § B.1, eff. June 28, 2017.

§ 5709. Dissolution.

If the board by resolution approved by a two-thirds' vote determines that it is in the best interests of the public, the district members, and the district that such district be dissolved, and if the district then has no outstanding obligations under pledges of district assets or revenue, long-term contracts, or contracts subject to annual appropriation, or will have no such debt or obligation upon completion of the plan of dissolution, it shall prepare a plan of dissolution and thereafter adopt a resolution directing that the question of such dissolution and the plan of dissolution be submitted to the voters of the district at a special meeting thereof duly warned for such purpose. If a majority of the voters of the district present and voting at such special meeting shall vote to dissolve the district and approve the plan of dissolution, the district shall cease to conduct its affairs except insofar as may be necessary for the winding up of them. The board shall immediately cause a notice of the proposed dissolution to be mailed to each known creditor of the district and to the Secretary of State and shall proceed to collect the assets of the district and apply and distribute them in accordance with the plan of dissolution.
The plan of dissolution shall:
1. identify and value all unencumbered assets;
2. identify and value all encumbered assets;
3. identify all creditors and the nature or amount of all liabilities and obligations;
4. identify all obligations under long-term contracts and contracts subject to annual appropriation;
5. specify the means by which assets of the district shall be liquidated and all liabilities and obligations paid and discharged, or adequate provision made for the satisfaction of them;
6. specify the means by which any assets remaining after discharge of all liabilities shall be liquidated if necessary; and
7. specify that any assets remaining after payment of all liabilities shall be apportioned and distributed among the district members according to a formula based upon population.
When the plan of dissolution has been implemented, the board shall adopt a resolution certifying that fact to the district members whereupon the district shall be terminated, and notice thereof shall be delivered to the Secretary of the Senate and the Clerk of the House of Representatives in anticipation of confirmation of dissolution by the General Assembly.
Added 2017, No. 69 , § B.1, eff. June 28, 2017.

§ 9999.

For

INDEX

see

INDEX VOLUMES

VERMONT STATUTES ANNOTATED